Vol. 6, No. 22, Winter 2013
Back issue
Vol. 6, No. 22, Winter 2013
£125.00
Contents
Page 1729
The Certain Aspects of Mergers and Acquisitions (M&A) in Pharmaceutical Industries Relating the Antitrust and IPR Rules of the EU acquis communautaire
The prescription of the Article 152 of the Treaty on the Functioning of the European Union (furthermore: TFEU), provides special provisions that establish the importance of the public health....Read more
Mirna Pavletic-Zupic
Member, Croatian Competition Council, Croatian Competition Agency, Croatia
Page 1735
Running a 'Winning' Prize Promotion in the United States
A well-run prize promotion can stimulate consumer engagement, increase brand awareness, and improve loyalty. By contrast, a poorly run prize promotion can result in negative publicity, damage to the brand,...Read more

Scott Paintin
Senior Counsel, Western Union Co., USA
Page 1751
Pirates, What Else? Somali Attackers & Legal Dilemmas
Since the risks of attacks on shipping, firstly off the coast of Somalia, and later almost across the whole of the Indian Ocean, became a real threat to the vital...Read more

Petar Kragic
Legal counsel, Tankerska Plovidba dd, Croatia
Page 1761
Corporate Governance - India as Compared to Other Countries with Specific Reference to Canada
The Corporate Governance is a contemporary topic in different discussion forums, for business executives and the administrators. The concept that evolved over two decades ago, is now center of discussion...Read more

Vivek Sadhale
Co-Founder, LegaLogic Consulting, India
Page 1773
A Test for the 'test' of Distinctiveness - The Saga Continues...
A primary consideration prior to registering a mark for or on behalf of a client is whether it is “distinctive” as opposed to merely “descriptive”. In recent times, examiners in...Read more

Sarah Hinchliffe
Barrister and Solicitor (HCA, Vic), The College of William and Mary, Australia
Page 1779
Becoming a True Partner to the Business
CEOs and directors today demand a general counsel who operates as a partner to the business, as involved in strategy formulation and execution as any member of the company’s senior...Read more

Julie Preng
Managing Director, Legal Specialty Practice, Korn Ferry, USA
Page 1787
Data Transfer from the European Economic Area to the Association of Southeast Asian Nations; Strategic Considerations for In-house Counsel
This article addresses data transfer from the European Economic Area (EEA) to the Association of Southeast Asian Nations (ASEAN) via two strands. First, it explains the data transfer practices from...Read more
Noris Ismail
Co-Founder & Managing Consultant, Quotient Consulting, UK
Page 1795
Dealing with Legal Grey Areas (and Selective Enforcement) in China

China’s laws are increasingly well-developed and in many areas comparable to those of Western countries. But in practice, there remain large gaps between what the laws say and how they...Read more
Brian Belanger
V.P. & Senior Corporate Counsel, Asia Pacific Region, Husqvarna AB Group of Companies, USA
Aurelia Dragomirescu
Director, Legal, Vodafone, Romania
Page 1809
Increasing a Fixed Fee Cap in Law Firm Engagement Letters
I work as an in-house lawyer for the European Bank for Reconstruction and Development (“EBRD”). As a public institution, EBRD is subject to strict procurement rules whenever it engages contractors....Read more

James Wilson
Senior Counsel, European Bank for Reconstruction and Development, UK
Page 1815
Earnouts: Advantages, Disadvantages and How to Structure Them
Mergers and acquisitions professionals often disagree on whether the use of earnouts is advisable for completing business acquisitions. Although earnouts can certainly help the parties complete a deal, experience has...Read more
Roque Romero
Regional General Counsel - Europe, Agility Logistics, UK
Page 1825
Innovation Starts with Legal: How In House Lawyers can serve a Company beyond a Traditional Legal Role




Have you ever had a project that involved business issues, challenged the status quo and pushed your legal skills to the limit? You are not alone. In fact, there are...Read more
Richard Anthony
VP Managing Assistant General Counsel, CA Technologies, Australia
Charles Blackburn
VP Managing Assistant GC, CA Technologies, USA
Sharyn Dodson
VP Managing Assistant GC, CA Technologies, UK
Thomas Konowalczyk
VP Associate GC, CA Technologies, Germany

Nishat Ruiter
General Counsel, TED Conferences, USA
Page 1839
Risk Considerations Related to Local Content Requirements
Local content requirements (LCR) represent an important tool in many countries’ foreign direct investment strategies. They play a particular role in the industrialization of developing countries and also in the...Read more
Axel Gustavsen
VP, head of legal Subsea BA, Aker Solutions ASA, Norway
Page 1849
Exploring Policy Alternatives to Excluding State Owned Enterprises (SOEs) From Millennium Challenge Corporation Funded Contracts in Africa
Under the Millennium Challenge Act (MCA) the United States government (U.S.) provides eligible countries , with bilateral assistance to fund poverty alleviation programs and developmental projects through the Millennium...Read more

Kingsley Osei
Lead Project Counsel, State University of New York, USA
Page 1865
Deconstructing Delay Claims
The unavoidable fact is that construction delay claims in any jurisdiction are complex. Complexity leads to unpredictability, both in terms of how parties should conduct themselves during a construction project...Read more
Yonni Fushman
EVP and CLO, Aecon Group Inc., Canada
Page 1885
Comparative Analysis between the U.S. Executive Order and the Tokyo Prefectural Ordinance against Yakuza - Synchronization of Anti Mafia Activities in Japan, the U.S., and the World

In July of 2011, the U.S. Executive Order 13581, “Blocking Property of Transnational Criminal Organizations”, listed Japanese Yakuza as one of the significant transnational criminal organizations to whom one must...Read more
David Nguyen
In-House Counsel, Equant SA, France
Daisuke Takahashi
Attorney at Law, Shinwa General Law Offices, Japan
Page 1895
On the Outside: The Place of In-House Counsel Within Australia's Modern Legal Landscape
Australia’s legal profession today has a particularly different look to it than it did a decade or so ago. By and large this is as a result of businesses looking...Read more
Saba Zreik
Chief Legal Officer, Manal Consultancy SARL, Lebanon
Page 1903
The 'Fiasco' of the West Coast Rail Franchise and the European Public Procurement Rules
For the past two decade the carriage of rail passengers has been done by private operators to whom concessions have been given to run the services (rail franchising). A report...Read more

Rosemary Boyle
Senior Commercial Lawyer, University of Cambridge, UK
Page 1917
'shouldn't Mediation be Spreading in Finland and the Nordics?'
Mediation is not just an English issue or an American issue. The Mediation Directive (EU Directive 2008/52/EC) came into force in back May 2011, and member states are still putting...Read more

Tim Williams
Area Counsel, Development & Finance, Wärtsilä Finland Oy, Finland