The OECD’s new global online consumer product recall portal presents both benefits and risks for businesses selling products abroad | Shook, Hardy & Bacon

The Organisation for Economic 
Co-operation and Development (OECD) has launched a global online consumer product recall portal that gives consumers, businesses and governments easy access to the latest information on products recalled from the markets in Australia, Canada, Europe and the United States. 
The portal may be accessed at: 
www.globalrecalls.oecd.org.


Absence of assets: no bar to worldwide freezing order jurisdiction | Macfarlanes

In Royal Bank of Scotland plc v FAL Oil Company Ltd & ors [2012], Mrs Justice Gloster held that the English court had jurisdiction to grant a worldwide freezing injunction and worldwide disclosure orders despite the defendants not having any assets in the jurisdiction and the substantive claims being pursued in 
the UAE.

Recent developments in Chinese trade mark law | Rouse

On 31 October 2012, Premier Wen Jiabao presided over an executive meeting of the state council, at which draft amendments to the Trade Mark Law of the People’s Republic of China were deliberated and adopted.

A review of this year’s notable cases in the Scottish courts | Brodies

For our review, we have considered ten notable Scottish cases decided this year in the commercial and public law fields, which include the action brought by the administrators of Rangers FC, a landmark decision striking down an Act of the Scottish parliament, and different approaches to contractual interpretation.


Italian Supreme Court rules mobile phones can cause brain tumours
 | Shook, Hardy & Bacon

Days after a trial court in Italy found six scientists guilty of manslaughter due to their failure to predict an earthquake, the Italian Supreme Court also hit the news after ruling in an employment case that mobile phones can cause brain tumours in heavy users. Sarah Croft, of Shook Hardy & Bacon International, assesses the …

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Transfer of undertaking and changes to personnel and employment conditions within the organisation: not always a simple matter 
 | Boekel

This article deals with two situations that occur frequently in connection with a transfer of undertaking, namely: i) dismissal of personnel and ii) harmonisation of employment conditions. TRANSFER OF UNDERTAKING In the case of a transfer of undertaking, the employees of the transferred undertaking will enter the service of the acquiring undertaking by operation of …

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SerVaas v Rafidain: state immunity | Macfarlanes

The Supreme Court has recently considered the issue of state immunity in the case of SerVaas Incorporated v Rafidain Bank & ors [2012]. The issues in the appeal were concerned with the scope of a state’s immunity from execution in respect of a judgment already made against it, rather than a state’s immunity from suit. …

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A recent trend in well-known mark litigation in Indonesia
 | Rouse

Recent well-known trade mark cases in Indonesia have revealed a somewhat worrying trend: a number, not by any means insignificant, of first instance decisions of the Commercial Court have been erratic, suffering from questionable reasoning. Many have been overturned on appeal. This situation differs markedly from that which prevailed in the not too distant past, …

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The long arm of insolvency law disarmed | Druces LLP

In the November 2011 issue of 
The In-House Lawyer we looked at the Court of Appeal decision in New Cap Reinsurance Corporation Ltd (in liquidation) & anor v Grant & ors (as members of Lloyd’s Syndicate 991 for the 1997 Year of Account) & anor [2011] and the decision, also in the Court of Appeal, …

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Clinical trials: a step towards ironing out regulatory ambiguities
 | Amarchand Mangaldas

In 2005, India was the ‘go to’ destination for conducting clinical trials. However, recent articles indicate that, since then, the growth trajectory of the clinical trials industry 
in India has suffered due to the lack of clarity in the regulatory framework governing these trials. In order to resolve the ambiguity under the current regime and …

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