Q2 ‘11

Flags of the 27 E.U. member states fly in front of the European Parliament in Brussels. FEATURE: A Guide to European Union Law, 10th

Pierre S.R.F. Mathijsen has a long, intimate association with the European Union. In our cover story and his book from Sweet & Maxwell, he removes the mystery about how the E.U. works and defends it as a structure that actually works.

Legal GlobaLaw Quarterly

cover story The latest legal developments 3 Who are “they” who make decisions for the European Union. and informational resources Sweet & Maxwell author Pierre S.R.F. Mathijsen answers that from around the world question in his quick tour of E.U. agencies and personnel.

GlobaLaw Quarterly provides legal in-depth review professionals conducting transnational 7 Canada’s new law on immigration and refugee protection took effect April 1. Immigration lawyer business with current developments in Sergio R. Karas analyzes it and alerts employers and employees to key changes. international law and the latest legal products from our worldwide family new from Carswell of publishers. 18 Drug and Health Products Law in Canada 16 Energy Law and Policy Our promise: to bring you the best legal 17 Family Law Litigation Handbook products in the world. Global Legal Products is dedicated to providing you 18 Global Business Immigration Handbook, 2011 with the best global legal products for 19 Intellectual Property: The Law in Canada, 2d the best value – and a level of service 21 Oosterhoff on Wills and Succession, 7th you won’t find anywhere else. 15 The Law of Fraud and the Forensic Investigator, 2d

Contact your Sales Representative for new from Sweet & Maxwell more information: 17 A Guide to European Union Law, 10th 1-800-328-9352 15 Arlidge & Parry on Fraud, 3d [email protected] 14 Construction Insolvency, 4th 12 Exclusion Clauses and Unfair Contract Terms, 10th Follow us on Twitter: 10 Principles of Corporate Insolvency Law, 4th twitter.com/westlawchina 10 Sealy & Milman: Annotated Guide to the Insolvency Legislation 2011, 14th Find us on Facebook: 13 Sinclair on Warranties and Indemnities on Share and Asset Sales, 8th facebook.com. 20 The Law of Passing Off: Unfair Competition by Misrepresentation, 4th Search “Global Legal Resources” or facebook.com/ new from Sweet & Maxwell hong kong thomsonreutersgloballegal 16 Employment Law and Practice in Hong Kong 19 Intellectual Property Rights in China

new from Thomson Australia 20 Class Actions in Australia, 2d 12 Commercial Leases in Australia, 6th 14 Construction Law in Australia, 3d 11 Corporations − Court Rules and Related Legislation 2011 11 Corporations Legislation 2011 13 Miller’s Australian Competition and Consumer Law Annotated, 33d, 2011

NOW ON ® Additions to Westlaw China’s content include model contracts, labor and social security law, and historical versions of statutes.

Prices subject to change due to currency exchange rate fluctuations. © 2011 L-366804/6-11 2 Cover Story r y n e w s t

i n d u s The European Union: who’s really in charge?

Americans, and even many Europeans, find European Union governance confusing. In this article, Dr. Pierre S.R.F. Mathijsen explains the E.U.’s structure, why it came about, and how it functions. He is the author of A Guide to European Union Law, 10th, published by Sweet & Maxwell.

Taking a closer look Whether barrister, judge, lawyer, professor, or student, the European Union institutions seem to keep everyone “on the ball” the year long. The moment you think you have mastered the subject of your choice, “they” once again introduce changes or new issues. But who are “they”? To answer that question, it is necessary to have a closer look at the union’s institutional framework and the way it operates.

If you are not an expert on European matters, you will probably answer the “Who are they?” question with “Brussels.” But don’t we all know that “Brussels” means not only the thousands of union officials who reside and work there within the European institutions, but also those thousands of people who regularly arrive there for meetings and decision making.

Did you read this correctly: “decision making”? From this, it would appear that the latter, the short-stay people, are the ones who make the decisions, rather than the ones who work there, mainly within the European Commission. Is that really so? Is it then not the European Commission that decides, changes, and introduces new legislation all the time?

Who then are these short-stay people? They are, practically all of them, nationals of the 27 member states of the union: Easy to order:

• Central government ministers (to start with the most important ones!) Call 1-800-328-9352 or email [email protected] • Secretaries of state

3 • Regional ministers from federal states (Germany and Belgium, for instance)

• And more often than not, officials from the national government departments

In fact, the latter come to Brussels to help prepare the decisions to be taken by the former.

Important here is the word “decision,” or rather “binding decision,” or even better, “legislative acts.” (Treaty on the Functioning of the European Union (hereafter TFEU), Article 289(3).) These are referred to as directives, regulations, and decisions. When they are adopted by “legislative procedure,” they bind those to whom they are addressed, and that can be you and me.

The European Council ‘‘Legislative procedure” means “joint adoption by the European Parliament and the Council.” (TFEU Article 289(1).) This definition requires a word of warning and an explanation. Indeed there are within the European Union two councils. One is the European Council and the other simply “the council” (the Council of Ministers). These two must not be confused, as so many still do after all these years.

It will have been noticed that the European Council was not mentioned above among those who come to Brussels to make binding decisions. Why is that? Isn’t that institution powerful enough to take binding decisions? No, lack of power is not the reason, but it follows from the fact that the European Council is composed of heads of state or heads of government. In other words, they are not mere ministers in charge of legislation.

And why do we find heads of state among simple heads of government? The reason is that in France the president of the republic, i.e., the head of state, is also the head of the government, and it is as such that he is present among the other heads of government within the European Council.

More important, of course, is the question, “Why does the European Council not make binding decisions?” The answer is that this is not its role. After all, adopting regulations, directives, and decisions is not what you would call a regal occupation; it is normally left to more technical instances. And indeed, the Treaty on the European Union determines that, “The European Council shall provide the union with the necessary impetus for its development and shall define the general political directions and priorities thereof.” (E.U. Article 15(1).)

With the European Council we are thus in the political (strato)sphere, far away from mere legislation and execution, the latter being left to the simple legislative and executive instances.

Anyway, in order to avoid confusion, the E.U. Treaty adds that the European Council “shall not exercise legislative functions.” (ibid.)

The Council of Ministers What then about “the council” (the Council of Ministers)? This one is, in fact, part of the European Union’s “legislator” and is comparable to a senate in a federal state. This is not mentioned in so many words anywhere in the European treaties but simply follows from the attribution of specific competences to the various European institutions.

4 It will be remembered that, as was mentioned above, the union’s legislative acts are adopted “jointly by the European Parliament and the Council.” These two together, therefore, form, generally speaking, the union’s legislator.

This adoption of legislative acts by these two institutions acting together is done according to a very complicated process, since it is within the council and based on a qualified majority, which changes over time. It probably suffices to know that both institutions are equals and need each other in order to legislate.

As mentioned already, the ministers only come to Brussels for meetings, while the members of the European Parliament meet once a month in Strasbourg (although the real work, that of the committees, is done in Brussels). Nevertheless, it is these ministers and parliamentarians who make the binding European decisions.

This is important, since it should be clear by now that the so-often-heard accusation that “Brussels” has decided so and so or done this or that is very far indeed from reality. When you reproach the European Union for having taken such or such decision which utterly displeases you, don’t forget that it is your own minister and the members of parliament, which you have elected, that are the culprits, not “Brussels.”

The task of the European Commission But then what about these thousands of European Union officials who work and live in Brussels? Do they not issue legislative acts? The answer simply is, “No.”

That is not the task of the European Commission. It has more important things to do, among others and in the first place, making sure that the treaty rules are correctly applied by all: governments, institutions, undertakings, and individuals.

Furthermore, the European Commission executes the budget and ensures the union’s external representation. It is what is known in all the member states as the executive, i.e., the second branch of any democratic state structure, the first one being the legislative, and the third one being the judiciary, i.e., the European Courts (Court of Justice, the General Court, and the Civil Service Tribunal). The latter make sure that the law is observed and understood by all.

One might retort that when you open the Official Journal of the European Union, in which all the union acts are published, you encounter hundreds of commission directives, regulations, and decisions, without speaking about the numerous recommendations, opinions, etc. Are these not union binding acts?

We find the answer once more in the European treaties. According to Article 17 of the E.U. Treaty, the commission “shall exercise coordinating, executive, and management functions.” Furthermore, “A legislative act may delegate to the commission the power to adopt nonlegislative acts of general application to supplement or amend certain nonessential elements of the legislative act.” (TFEU, Easy to order: Article 290(1).) Call 1-800-328-9352 or email [email protected]

5 Much more important, since it gives the commission a leading role in union affairs, is the rule according to which, “Union legislative acts may only be adopted on the basis of a commission proposal, except where the treaties provide otherwise.” In other words, the union legislator described above is powerless to act unless the commission submits a proposal for action.

Working together And here we come back to the thousands of officials from the member states who come to Brussels for meetings. What kind of meetings? In fact, as was also mentioned already, they prepare the decisions to be taken by the union legislator (council and parliament). They do this in close cooperation with the European Commission, which has prepared proposals for legislative acts.

The purpose of these meetings is to find a common ground, so that the European Parliament and the Council of Ministers can take the necessary decisions. And when there are 27 representatives around the table, the commission has a good chance to convince enough national representatives to form the necessary majority to adopt the proposal.

But there also is very often someone who wants to introduce changes or proposes new (modifying) legislation. These wishes have to be accommodated, and there partly lies the answer to the question raised at the onset, “Why all these changes, and who is responsible?”

Why all these changes and novelties anyway? The answer is simple; E.U. law is mainly economic law, which by definition is extremely evolutionary as the financial events of the last weeks have shown. Therefore the existing rules must constantly be adapted, supplemented, or replaced.

Future in the making The institutional structure described above is far from perfect, but it works, and that’s, after all, what counts. The E.U. has given sufficient proof of its dynamism and adaptability. When one thinks of it − 27 independent states building their future together, harmonizing their laws and regulations, giving up some of their most precious national prerogatives (think about the euro), and progressing towards a closer and closer union − isn’t this history in the making?

About the Author

Professor Pierre S.R.F. Mathijsen teaches European law at the University of Brussels and is managing partner of the Eurolegal E.E.I.G. law firm in Brussels. Previously he was the director of the European Commission’s directorates general for competition and regional policy and later served as general delegate of the European confederation of food and drink industries.

For more information about A Guide to European Union Law, 10th, please see page 17.

Pierre Mathijsen

6 Prices subject to change due to currency exchange rate fluctuations. Author Update

t Hiring foreign workers in Canada: A brave new world n s i g h I

t New regulations under the Immigration and Refugee Protection Act applicable to temporary foreign workers in Canada went into effect April 1, 2011. Immigration d u c

o lawyer Sergio R. Karas has been following the development and implementation of r

P the regulations and provides his assessment of the changes and what employers must do to ensure compliance.

Protecting the domestic labor force Employers who hire foreign workers to work for them in Canada should take heed: Things are about to change.

On August 18, 2010, Canada’s minister of citizenship and immigration announced significant changes that affect employers, hiring of foreign workers. These changes take effect as of April 1, 2011.

The Temporary Foreign Worker Program is jointly administered by Human Resources and Skills Development Canada (HRSDC) and Citizenship and Immigration Canada (CIC). However, HRSDC is responsible for issuing Labor Market Opinions (LMOs) authorizing employers to hire temporary foreign workers in the appropriate circumstances.

LMOs attempt to ensure that hiring of temporary foreign workers does not negatively affect the Canadian labor market. Before issuing an LMO, an HRSDC officer must be satisfied that the presence of the foreign worker will have only a neutral or positive impact on the Canadian labor force.

Many other factors influence the issuance of LMOs, including whether:

• The employer has made reasonable efforts to hire a Canadian and advertised the position in accordance with the minimum advertising guidelines issued by HRSDC

• There is a labor dispute in the business

• The employer is offering the appropriate wages and working conditions when seeking to employ a foreign worker

Over the last few years, given the increasing demand for foreign workers in Canada, especially in selected technical occupations, the federal government has sought to ensure that Canadians are not displaced in favor of foreign workers and, at the same time, foreign workers are treated fairly and equitably. To that end, many initiatives were pursued by the federal government, some in partnership with the provinces.

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Call 1-800-328-9352 or email [email protected]

7 Preventing abuse of the program The changes that take effect on April 1 are generally meant to prevent the perceived abuse of the Temporary Foreign Worker Program by any unscrupulous employers. The changes include:

• A more rigorous assessment of the genuineness of the job offer

• A two-year prohibition from hiring temporary foreign workers for employers who fail to meet their commitments to workers with respect to wages, working conditions, and occupation

• A limit on the length of time a temporary foreign worker may work in Canada before returning home

Employers seeking to hire foreign workers, including live-in caregivers, will now have to demonstrate that the job offer is genuine. This may prompt HRSDC officers to engage in further investigations, sometimes contacting the employer directly and other times relying on information gathered from prior applications made by the same employer.

In addition, employers will be assessed against past compliance with Temporary Foreign Worker Program requirements before an LMO will be granted, and those employers who are found to have violated worker rights may be refused authorization to hire a foreign worker.

This raises interesting questions, as it is unclear how far HRSDC officers will go in their investigations or what type of violations could be considered sufficiently serious to deny an employer the right to hire a foreign worker. Possible red flags could include complaints filed against the employer by previous foreign workers, violations of health and safety standards, early terminations of other foreign workers on a routine basis, and potentially, other patterns of behavior shown by employers.

The question of whether or not a job offer is genuine will be much harder to determine, as many employers who use the Temporary Foreign Worker Program, particularly in the construction industry, are sometimes related to the foreign worker, and they use that program as a steppingstone to gain permanent residency. Other relevant factors to monitor for possible violations could include variations in wages due to performance, temporary layoffs, or periods without earnings. No doubt, such details may raise concerns with HRSDC officers.

Employers and employees can be suspended from the program The regulatory changes add a new administrative penalty against employers. Where an employer is found not to have complied with previous commitments to other foreign workers, it may be denied access to the Temporary Foreign Worker Program for a period of two years. In addition, offending employers’ names will also be published on the Citizenship and Immigration Canada website, purportedly to inform other temporary foreign workers of the “danger” associated with a particular employer.

8 Prices subject to change due to currency exchange rate fluctuations. Employers will be given the opportunity to explain any mitigating circumstances before such Work permit exemptions action is taken, but this could open an avenue for litigation by employers who feel aggrieved at Not all temporary foreign being “blacklisted.” workers require a permit to work in Canada. According to The changes do not affect only employers; a new four-year cumulative limit is also being Citizenship and Immigration imposed on most temporary foreign workers employed in Canada. After a four-year term, they Canada, the following categories will have to wait a further period of four years outside of Canada before becoming eligible to may not need a permit: again work temporarily in Canada. The limit does not affect eligibility for permanent residence, • Athletes and coaches so it would be prudent to file applications for that purpose as soon as legally allowed. • Aviation accident or incident investigators Foreign workers may qualify under the Canadian Experience Class or as Federal Skilled Workers with Arranged Employment. Prudent employers who value the services of their foreign workers • Business visitors should consult with legal counsel to determine the potential eligibility of their foreign workers to • Civil aviation inspectors apply for permanent residency. • Clergy

In addition, it must be noted that the four-year limit does not affect foreign workers who enter • Convention organizers Canada under the terms of an international agreement such as NAFTA. Those workers will • Crew members continue to be governed by the terms of the appropriate treaty. • Emergency service providers

The potential consequences of employer misconduct under the new regulatory changes are very • Examiners and evaluators serious. Also, the consequences for foreign workers who will be close to reaching the four-year • Expert witnesses or investigators limitation can also create considerable disruption in their lives. It is essential that both employers and employees are ready for the new regime and obtain the right information and legal advice • Foreign government officers and representatives and their when hiring foreign workers. families • Healthcare students • Judges, referees, and similar About the Author officials Sergio R. Karas is certified as a specialist in Canadian citizenship and immigration law by the Law Society of Upper Canada. He is past chair of the Ontario Bar Association’s Citizenship and Immigration • Military personnel Section, past chair of the International Bar Association’s Immigration and Nationality Committee, and editor of Global Business Immigration Handbook, published by Carswell. He can be reached at • News reporters and film and (416) 506-1800 or [email protected]. This article originally was published in Canadian Employment media crews Law Today, January 26, 2011. • Performing artists Sergio R. Karas Information about Global Business Immigration Handbook is available on page 18. • Public speakers • Students working on campus

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9 New Products

Bankruptcy, Insolvency

NEW EDITION Principles of Corporate Insolvency Law, 4th by Roy Goode, Q.C.

The new edition of Goode’s acclaimed work offers solutions to problems commonly faced in the complex field of corporate insolvency law. It covers: • The history, framework, and principles of the U.K.’s law • The winding-up process and assets available for distribution • Proof, valuation, and ranking of claims • Set off and netting • Administration and receivership • Restructurings and arrangements • European and international insolvency regimes

Appendixes provide U.K. insolvency regulations, the European Union’s Cross Border Insolvency Regulations, the Virgos-Schmit Report on the E.U. Insolvency Convention, and other materials.

Jurisdiction United Kingdom | Published May 2011 by Sweet & Maxwell | Hardcover | ISBN 9780421966109 | US $288

NEW EDITION Sealy & Milman: Annotated Guide to the Insolvency Legislation 2011, 14th by Len Sealy and David Milman

The recognized authority on personal and corporate insolvencies in the United Kingdom, Sealy & Milman compiles all the relevant statutes, regulations, and caselaw into two volumes. The authors, both of whom are leading experts on insolvency, concisely annotate and clarify the law.

• Volume 1 contains in-depth explanations of core legislation, such as the Insolvency Acts 1986 and 2000, European Commission Regulation on Insolvency Proceedings 2000, the Enterprise Act 2002, and Insolvency Rules 1986

• Volume 2 features the Company Directors Disqualification Act 1986; the Cross-Border Insolvency Regulations 2006, which implemented the UNCITRAL model law; more than 25 other acts; 50 statutory instruments, and various practice directions

The work incorporates recent developments, including the Insolvency Amendment Rules 2010 and the Legislative Reform Order 2010.

Jurisdiction United Kingdom and Europe | Published May 2011 by Sweet & Maxwell | Softcover, two volumes | ISBN 9780414048119 | US $368

See also Construction Insolvency, 4th, page 14.

10 Prices subject to change due to currency exchange rate fluctuations. Business Organizations

NEW EDITION Corporations Legislation 2011 by Robert Baxt and Edmund Finnane

This annual volume consolidates Australia’s corporate laws, with amended language as of January 1, 2011. Designed for corporate lawyers and business professionals, it offers convenient access to the full text and related regulations of:

• Corporations Act 2001

• Australian Securities and Investment Commission (ASIC) Act 2001

• Corporations (Fees) Act 2001

• Cross-Border Insolvency Act 2008

• Acts Interpretation Act 1901

• Other acts and legislation

Commentary by Sydney barrister Edmund Finnane offers helpful guidance on the most important provisions, and the 2010 Year in Review by Professor Baxt highlights significant developments in corporate law. Cross-references indicate sections of the Corporations Act affected by regulatory action and note related ASIC materials.

Jurisdiction Australia | Published February 2011 by Thomson Reuters Australia | Softcover | ISBN 9780455228174 | US $63

NEW EDITION Corporations − Court Rules and Related Legislation 2011 A complement to Corporations Legislation 2011, this title compiles the various court rules governing Australia’s Superior Court proceedings under the Corporations Act and Australian Securities and Investments Act. It is current on provisions as of January 1, 2011, and provides a subject index to identify provisions within and across jurisdictions.

Jurisdiction Australia | Published February 2011 by Thomson Reuters Australia | Softcover | ISBN 9780455228761 | US $56

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11 Commercial Law

NEW EDITION Commercial Leases in Australia, 6th by William D. Duncan

This established, highly respected guide assists Australian lawyers, real estate agents, local government officials, and law students. It analyzes the legal principles governing the negotiation and administration of commercial leases and provides time-saving precedent clauses and guidance to manage lease disputes.

This edition is fully updated on: • The country’s new consumer law • Amended legislation on retail leasing • Rent review, assignment, and options and default law following intense litigation in these areas • “Green” leases − expanded, full-chapter coverage

Jurisdiction Australia | Published June 2011 by Thomson Reuters Australia | Softcover | ISBN 9780455229379 | US $174

NEW EDITION Exclusion Clauses and Unfair Contract Terms, 10th by Richard Lawson

The author shows how to draft exclusion clauses that are lawful, valid, and effective, whether interpreted by U.K. courts or under Parliament’s separate system of controls. Covering both commercial and consumer contracts, he discusses: • Void and ineffective exclusion clauses • The reasonable test and fairness test in recent caselaw • Harsh and unconscionable bargains • New criminal offenses under the Consumer Protection Against Unfair Trading Regulations 2008 and the implications of the Unfair Terms in Consumer Contract Regulations 1999 and their caselaw • Fairness of bank charges and recent action brought by the Office of Fair Trading

Precedents are on CD-ROM for easier drafting and research.

Jurisdiction United Kingdom | Published March 2011 by Sweet & Maxwell | Hardcover and CD-ROM | ISBN 9780414045767 | US $312

12 Prices subject to change due to currency exchange rate fluctuations. NEW EDITION Miller’s Australian Competition and Consumer Law Annotated, 33d, 2011 by Russell V. Miller

Formerly titled Miller’s Australian Trade Practices Act, this work reflects the major changes to the country’s consumer law that took effect when the Competition and Consumer Act 2010 replaced the 36-year-old Trade Practices Act.

The new act gives Australia a single, national consumer law regime, strengthening provisions governing unfair contract terms, civil penalties, redress options, and enforcement.

To assist attorneys in dealing with the changes, the author provides: • The act’s full text • Expert insights into how sections operate • Related regulations and other materials • Tables mapping the former and new provisions

Russell Miller is a partner in Minter Ellison and head of the firm’s competition group. One of the country’s leading antitrust lawyers, he was made a Member of the Order of Australia (AM) for his services to the legal profession.

Jurisdiction Australia | Published March 2011 by Thomson Reuters Australia | Softcover | ISBN 9780455228877 | US $117

NEW EDITION Sinclair on Warranties and Indemnities on Share and Asset Sales, 8th by Robert Thompson

Revised substantially, this new edition reflects changes in the approach, convention, and law governing warranties and indemnities in the United Kingdom. Its analysis and commentary cover: • The history, function, and legal principles of warranties and indemnities • Key transactions from both the vendor’s and purchaser’s perspectives • Drafting, from rights and liabilities through completion accounts and valuation, with 10 precedents on CD-ROM • Warranties involving pensions, data protection, anticorruption, social media, and employment • The latest trends in asset sales and indemnity insurance • Updates on taxation warranties, the Tax Covenant, income and corporate taxes, Companies Act, Bribery Act, and other legislation

Jurisdiction United Kingdom | Published March 2011 by Sweet & Maxwell | Hardcover and CD-ROM | ISBN 9780414043169 | US $351

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13 Construction Law

NEW EDITION Construction Insolvency, 4th Security, Risk and Renewal in Construction Contracts by Richard Davis

This work offers commentary and critical analysis of the legal principles of construction insolvency in the U.K. and explanations of insolvency-protection measures, showing how the measures interact and support one another.

It covers the elements of construction insolvency; debts; assignment; set off, abatement, and deduction; issues involving directors, employees, plant, equipment, goods, and materials; informal and formal insolvency; construction and retention trusts; adjudication; novation and completion of contracts; bonds and guarantees; and claims. Caselaw from the U.K. and the Commonwealth is updated throughout.

Features include: • New sections on project bank accounts; financial sector insolvencies and their impact on construction; amendments to the Housing Grants, Construction and Regeneration Act 1996; and causes and indicators of construction insolvency • Discussions of related legal issues, such as equity, property, disputes, and directors’ liability • Case study by Neil Burton on the insolvency surveyor’s role in appraising a contractor’s ongoing contracts • Glossary and graphs, charts, and diagrams that support the text • Text of relevant acts

Jurisdiction United Kingdom | Published April 2011 by Sweet & Maxwell | Hardcover | ISBN 9780414046092 | US $288

NEW EDITION Construction Law in Australia, 3d by Ian Bailey and Matthew Bell

Long regarded as authoritative, this work precisely states the legal principles governing Australia’s construction industry. It is a useful text for lawyers, architects, engineers, construction managers, and students in those fields.

It gives particular emphasis to building contracts law, including contract forms, key issues, subcontracts, assignment, and problems that can arise under contracts.

The book also includes: • An introduction to the country’s legal system • The latest construction-related legislation • Principles of contract law • Tort and professional liability • Payment and security • Property law issues • Management and prevention, arbitration, and litigation of disputes

Jurisdiction Australia | Published June 2011 by Thomson Reuters Australia | Softcover | ISBN 9780455223421 | US $109

14 Prices subject to change due to currency exchange rate fluctuations. Criminal Law and Procedure

NEWLY UPDATED Arlidge & Parry on Fraud, 3d by Alexander Milne, Anthony Arlidge, and Jacques Parry

The complete guide to the United Kingdom’s fraud law, this title covers principles, terms, and governing authorities on dishonesty, fraud, theft, deception, corruption, computer fraud, and fraud on investors and the public. Procedural coverage extends from jurisdictional and evidentiary issues to investigation, prosecution, and presentation of a case.

The first supplement brings the edition up to date on the latest developments, including: • Bribery Act 2010’s new regime for the prevention of corruption • Criminal Procedure Rules 2010 • Serious Crimes Act 2007, which introduced crime-prevention orders • False and misleading expense claims by members of Parliament under the Parliamentary Standards Act 2009 • New guidance on sentencing guidelines for fraud

Jurisdiction United Kingdom | Published August 2007 by Sweet & Maxwell; updated March 2011 | Hardcover and softcover supplement | ISBN 9781847034632 | US $480

Supplement only | Softcover | ISBN 9780421921702 | US $75

NEW EDITION The Law of Fraud and the Forensic Investigator, 2d by David Debenham

The author, a commercial litigator with McMillan in Ottawa, holds a law degree and three certifications, as an investigator, fraud examiner, and management accountant. He applies his training and extensive experience to help lawyers, accountants, auditors, and investigators know the latest thinking, tools, and techniques for internal and external fraud investigations and litigation in Canada.

Topics covered include: • What constitutes fraud • Remedies at prejudgment, trial, and postjudgment • Experts and evidence • Forensic method • Adjudication process • Forensic investigator practice, from initial interview through engagement and performance • Forensic accountant and investigator practice • Document preservation • Client expectations

Jurisdiction Canada | Published February 2011 by Carswell | Softcover | ISBN 0459243845 | US $96

Easy to order:

Call 1-800-328-9352 or email [email protected]

15 Employment Law

NEW TITLE Employment Law and Practice in Hong Kong COAUTHORS’ COMMENTS edited by Rick Glofcheski and Farzana Aslam “Employment Law and Practice will Employment law is one of Hong Kong’s fastest growing practice areas, because of recent changes, such as be welcomed by all. It provides a the Race Discrimination Ordinance in 2009, the Employment (Amendment) Ordinance in 2010, and new comprehensive legal analysis of a minimum wage legislation that will affect businesses of all kinds significantly. This title provides a complex area of law, the challenges of comprehensive, up-to-date text on every aspect of employment law in Hong Kong. which are frequently underestimated.” Written by leading scholars and practitioners, it offers analysis and practical advice for day-to-day workplace Pattie Walsh, Partner, matters and employment-related litigation. Coverage includes: DLA Piper Hong Kong • The employment relationship, contracts, leave entitlements, remuneration, and benefits “… a work that comprehensively covers • Employment protection, termination, and termination remedies and entitlements all of the key subject areas, and … • Health and safety inspections, enforcement, penalties, and compensation for work-related injuries, death, we believe will become the leading and disease reference for human resources and • Unique chapters on personal privacy at work, discrimination, cross-border employment, and trade unions industrial relations professionals in • Change of ownership Hong Kong.” • Government employment contracts Nigel Francis, Partner, • Dispute resolution Minter Ellison Jurisdiction Hong Kong | Published August 2010 by Sweet & Maxwell Hong Kong | Hardcover | ISBN 9789626613504 | US $449

Energy and Natural Resources Law

NEW TITLE Energy Law and Policy by Gordon Kaiser and Bob Heggie

Covering both Canada and the United States, the authors provide a timely, multidisciplinary approach to the law and economics of energy policy. Issues covered include: • Market deregulation, time-of-use pricing, incentive regulation, carbon pricing, and the regulatory challenges of conservation and renewable energy • Traditional energy subjects, such as rate design and the cost of capital • Public utility law, administrative law, and aboriginal duty to consult − important additions to energy law literature

The authors cochair the Canadian Energy Law Forum. Gordon Kaiser was vice-chair of the Ontario Energy Board for six years and now is an arbitrator with Nelson Arbitration Chambers, Toronto. Bob Heggie is chief executive of the Alberta Utilities Commission.

Jurisdiction Canada | Published March 2011 by Carswell | Softcover | ISBN 9780779822683 | US $81

16 Prices subject to change due to currency exchange rate fluctuations. European Union Law

A Guide to European Union Law, 10th by Pierre S.R.F. Mathijsen

Long considered the best first-stop reference on the European

t Union, this guide provides a clear, comprehensive overview of E.U. institutions and their functions. It covers key caselaw and d u c

o legislation and is current on changes resulting from ratification of the Lisbon Treaty. Topics include:

• The union and its communities, acts, and law u r e d p r

t • Institutions and bodies and financing of activities

f e a • Internal market • Other community policies • Policies of the community and member states • The E.U. in the world

Jurisdiction European Union | Published April 2010 by Sweet & Maxwell | Softcover | ISBN 9781847037442 | US $52

See the author’s feature article on page 3.

Family Law

NEW TITLE Family Law Litigation Handbook by Gary S. Joseph, Phyllis Brodkin, et al.

This is a companion book to the authors’ Handling a Family Law Matter in Ontario. Concise and practical, it offers quick, easy-to-carry guidance for the province’s family law litigators, clerks, and law students.

Coverage includes: • Family law litigation procedures • Region-specifc rules and information • Child Support Guidelines’ table amounts • Reference guide to the Spousal Support Advisory Guidelines

The authors practice with the Toronto family law firm of MacDonald & Partners LLP.

Jurisdiction Canada − Ontario | Published March 2011 by Carswell | Softcover | ISBN 9780779829057 | US $101

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17 Healthcare Law

NEW TITLE Drug and Health Products Law in Canada by Me Mathieu Gagné

This is a comprehensive guide to the legal and regulatory regimes governing the manufacture and sale of drugs and health products in Canada. Authored by one of the country’s experts in the field, it covers both federal and provincial measures.

It is a must-have resource for lawyers representing healthcare providers or challenging industry practices and for businesses involved in any aspect of developing, manufacturing, and distributing drugs in Canada.

Jurisdiction Canada | Published March 2011 by Carswell | Looseleaf | ISBN 9780779829040 | US $250

Immigration Law

NEW TITLE Global Business Immigration Handbook, 2011 edited by Sergio R. Karas t Human resources personnel need to expand beyond their local d u c

o labor market if they wish to employ workers overseas or reach and attract talented, highly skilled workers for Canadian businesses. This handbook’s editor, a Toronto-based immigration lawyer, and a global team of lawyer-authors provide HR personnel with the u r e d p r t current guidance they need about:

f e a • Visas, work permits, and other documents required to avoid fines, detentions, deportations, and other adverse consequences • Potential difficulties in obtaining documents • Timelines, procedures, and general criteria

Coverage includes Canada, the United States, Mexico, Brazil, the United Kingdom, Italy, Spain, Sweden, Switzerland, France, Germany, the European Union, and Japan.

Jurisdiction International | Published January 2011 by Carswell | Looseleaf | ISBN 9780779823239 | US $267

See the author’s update on page 7.

18 Prices subject to change due to currency exchange rate fluctuations. Intellectual Property

NEW EDITION Intellectual Property: The Law in Canada, 2d by Daniel Gervais and Elizabeth F. Judge

This new edition combines the advantages of an intellectual property treatise and a casebook, making it useful for both the practitioner and student. It offers comprehensive, up-to-date analysis of leading and recent cases and their contributions to the developing theory of Canadian IP. This edition has expanded treatment of IP theory and history and reorganized coverage of trademarks and confidential information.

Other content includes: • Copyright and originality standards, industrial design, misappropriation of personality, patents, domain names, plant varieties, and integrated circuit technologies • Emerging issues, such as peer-to-peer file sharing, Internet service provider liability, traditional knowledge, biotechnology, and protection of image and fictional characters • Extensive questions for class discussion or study groups for each chapter and sample examination questions

Daniel Gervais is a professor at Vanderbilt University School of Law, codirector of the school’s technology and entertainment law program, and a former law professor at the University of Ottawa, where Elizabeth Judge is an associate professor of law. She also is editor in chief of the University of Ottawa Law and Technology Journal.

Jurisdiction Canada | Published February 2011 by Carswell | Softcover | ISBN 9780779828791 | US $95

NEW TITLE Intellectual Property Rights in China China Law Library Series by Gordon Gao, Dixon Zhang, and Fang Qi, with advice by Zhipei Jiang

China’s rapidly developed and changing intellectual property law system poses major challenges to foreign companies and their legal advisors. This work offers extensive, insightful analysis and practical advice on protection of IP rights while successfully conducting business in China. Its thorough citations to Chinese laws and rules facilitate research into difficult-to-find information.

Coverage includes an overview of the country’s IP law system before focusing on: • Trademark, patent, copyright, trade secret, and domain name rights • Commercialization of IP rights • Unfair competition and monopoly • Border controls • Enforcement strategies in administrative, civil, and criminal arenas • IP rights for integrated circuit, plant, pharmaceutical, and exhibition industries

Jurisdiction China | Published February 2011 by Sweet & Maxwell Hong Kong | Hardcover | ISBN 978926614020 | US $359

Easy to order:

Call 1-800-328-9352 or email [email protected]

19 NEW EDITION The Law of Passing Off: Unfair Competition by Misrepresentation, 4th

Intellectual Property Library by Christopher Wadlow

This is the only practitioner’s reference dealing with the common-law torts of unfair competition by misrepresentation, namely passing off and injurious falsehood. It covers cases in the U.K. and Commonwealth, providing a single, reliable source of citable authority to reinforce or defend actions for trademark infringement using passing off or misrepresentation.

Coverage includes: • The elements of goodwill, damage, and misrepresentation • Actionable misrepresentations and misrepresentations conveyed by distinctive signs • Passing off by generic misdescription and Diageo v. Intercontinental Brands • Liability for injurious falsehood under Ajinomoto v. Asda and for unfair competition under L’Oreal v. Bellure • Assignments of goodwill and overseas service business under Hotel Cipriani

Jurisdiction United Kingdom and Commonwealth | Published May 2011 by Sweet & Maxwell | Hardcover | ISBN 9780414042322 | US $285

Litigation

NEW EDITION Class Actions in Australia, 2d by Ken Adams and Damian Grave

The first work of its kind, Class Actions in Australia is a one-stop source for litigators. It covers all aspects of class-action litigation, from commencement and choice of forum through conduct, settlement, and costs.

Features include: • Analysis of the leading cases and legislation • Precedents and examples of pleadings, notices, settlement agreements, and other necessary forms The authors are partners in Freehills, Melbourne, and experienced commercial litigators who participated in the defense of the Longford case, Australia’s largest class action lawsuit.

Jurisdiction Australia | Published April 2011 by Thomson Reuters Australia | Hardcover | ISBN 9780455228693 | US $197

See also, Family Law Litigation Handbook, page 17.

20 Prices subject to change due to currency exchange rate fluctuations. Wills, Trusts, Probate

NEW EDITION Oosterhoff on Wills and Succession, 7th by A.H. Oosterhoff

Oosterhoff provides a complete primer on all aspects of Canada’s law of wills and succession, making it the best first research source for practitioners and law students. This edition is thoroughly updated to reflect recent constitutional challenges and legislation.

Coverage includes text, commentary, and caselaw extracts on: • A historical perspective on the law • Wills − the nature of testamentary dispositions, including will substitutes, contracts to make wills, mutual and conditional wills, delegation of testamentary power, capacity, undue influence, fraud, mistakes, validity, international wills, and revocation • Interpretation of wills − principles, rules of construction, and meaning of particular expressions • Probate, administration, and evidence • Family protection − spousal rights on death and dependents’ relief under common law and statutory law • Solicitor’s duties in taking instruction and toward beneficiaries

Jurisdiction Canada | Published April 2011 by Carswell | Softcover | ISBN 9780779814480 | US $135

Easy to order:

Call 1-800-328-9352 or email [email protected]

21 Now on Westlaw

a sea of opportunity

WHAT’S ON WESTLAW CHINA? MORE LAW AND NEWS YOU NEED!

Continual improvements to Westlaw® China keep it the foremost online source for law and news from the People’s Republic of China. The first bilingual Westlaw service, Westlaw China recently added:

• Model contracts − Skillfully drafted examples for multiple practice areas; to see what’s available, browse the most-recent or most-viewed documents in the Model Contracts database

• Labor & Social Security − Laws, regulations, and other materials

• Historical versions − Find out how a law has developed by viewing previous versions of it; just click the H icon before a document’s title

• Password management − Conveniently set a new password by clicking Change Password on the Westlaw China log-in page

Heading toward a million! The Westlaw China database of Chinese laws and regulations now numbers more than 900,000 documents in Mandarin Chinese. This represents information from the Central Government, provinces, municipalities, and autonomous regions. More than 7,500 of these laws and regulations are also in English.

22 Prices subject to change due to currency exchange rate fluctuations. The broad coverage you need. Also on Westlaw China are:

• 220,000+ cases from China’s Supreme Court and lower courts

• Caselaw headnotes, 3,000+ of which can be viewed side by side in English and Chinese

• Flags (much like KeyCite® status flags) to alert you to cases that may no longer be good law

• English-language abstracts of law journal articles, plus the full text in Chinese

• Current Awareness Via Email − daily delivery of the latest news compiled from 120+ online sources

• Digests of the law − 36 topics in Chinese; 11 in English: Administrative Licensing, Foreign Exchange Punishment & Review Individual Income Taxation Administrative Litigation International Trade Anti-Unfair Competition (E) Labor and Social Security NEW! Arbitration (E) Land Value-Added Taxation Banking Mergers & Acquisitions (E) Bid and Tender Negotiable Instruments Business Tax Patents (E) Civil Law (E) Product Quality Civil Procedure (E) Property Law Company Law Real Property Contract Secured Transactions Copyright (E) Securities Criminal Law State Assets Supervision & Administration Criminal Procedure Tax Collection & Administration Customs Telecom & Internet (E) Deed Tax (E) Trademark (E) Energy Tax Foreign Direct Investment (E)

Try Westlaw China FREE! For more information about Westlaw China and a 30-day free trial: Visit west.thomson.com/westlaw/global/china Call 1-800-507-9378 Easy to order: Email [email protected] Call 1-800-328-9352 or email [email protected]

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