Volume 9, Number 9, September 2013
 
In This Issue

Product News

New Books

Training & Support

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PRODUCT NEWS

Enhancements to Secured Transactions Smart Charts

The Secured Transactions Smart Charts have been enhanced with two new offerings:

  • Revised Article 9 Topics (within Secured Transactions Topics Smart Charts)
  • Revised Article 9—2013 Amendments Smart Chart

The new Smart Chart offerings reflect the state adoptions of amendments to the uniform law governing secured transactions that generally took effect on July 1, 2013. The amendments revised the rules for perfection and priority of security agreements involving personal property, as well as the form and contents of financing statements.

The new Revised Article 9 topics are available within the Secured Transactions Topics Smart Charts tool and reflects all of the uniform sections of Revised Article 9, including those amended, along with the corresponding state law sections, updated local modifications, and revised explanations. The format makes it easy to search and compare uniform law sections across multiple jurisdictions. The new topic covers 51 jurisdictions (50 states, plus District of Columbia), with links to source and explanations material (laws, regulations, and explanations) in the Secured Transactions Guide.

The new Revised Article 9—2013 Amendments Smart Chart comparative tool, allows subscribers of the Secured Transactions Guide via IntelliConnect to quickly determine which sections of the 2013 amendments were enacted in each jurisdiction and when.

New Briefing Paper: FATCA Gaining Global Acceptance in Combatting Tax Evasion

Wolters Kluwer Law & Business Principal Analyst, Jim Hamilton, has written a briefing paper related to the Foreign Asset Tax Compliance Act (FATCA) entitled, FATCA Gaining Global Acceptance in Combatting Tax Evasion, which discusses new legislation that will allow the Treasury Department and the Internal Revenue Service (IRS) to assure tax compliance by U.S. persons and entities having accounts with foreign financial institutions.

Jim’s briefing focusses on these points:

  • New Internal Revenue Code Chapter 4 that provides for 30-percent withholding tax as a means to enforce new reporting requirements on specified foreign accounts owned by specified U.S. persons, or by U.S.-owned foreign entities
  • FATCA’s three core elements: Enhanced due diligence, information reporting, and potential withholding on U.S. source payments
  • According to the Joint Committee on Taxation, investment vehicles such as hedge funds and private equity funds will fall within the definition of “foreign financial institution”
  • IRS Notice 2013-43 delayed FATCA implementation by six months
  • G-20 Finance Ministers endorse the OECD proposal for multilateral and bilateral automatic exchange of tax information.

For a PDF of the briefing paper, click here.

New Kluwer Arbitration content: Chinese Court Summaries on Arbitration

This new body of cases (currently 126 summaries of Chinese court), edited by WunschARB, provides an overall understanding of the arbitration system in China and helps determine if arbitration is the best means for dispute resolution. This new content is unique and not available anywhere else. Each summary consists of the following:

  • Synopsis
  • The Contract and the Dispute
  • Arbitration Proceedings
  • Initiation of Court Proceedings and Position of the Parties
  • Court Analysis
  • Decision of the Court
  • Commentary

Benefits

  • Case summaries provide detail on previous cases to enable practitioners to assess whether it makes sense to arbitrate with Chinese parties when it may be necessary to enforce the award in China later on
  • The structure and standardized summaries (each containing identical headings) easily guide the user through the details of the case
  • Concise summaries assist the lawyer in deciding whether it’s worth taking the time to read the full judgment and if it needs to be translated into English
NEW BOOKS

Collection of ICC Arbitral Awards 2008-2011

The Collection of ICC Arbitral Awards 2008-2011 contains extracts of cases handled by the ICC Court of Arbitration, one of the world’s most respected arbitral institutions. This most recent collection supplements five previous and successful volumes containing awards from the periods 1974-1985, 1986-1990, 1991-1995, 1996-2000 and 2001-2007. This collection is a practical reference tool containing three types of useful indexes incorporating information from all three volumes.
For more information and to order, click here.

International Arbitration and the Permanent Court of Arbitration

As the calls for the development of new and more appropriate methods for dispute settlement in international law increased during the 1990s, the Permanent Court of Arbitration (PCA) undertook a structural reform and is today a vital forum for dispute settlement, with scores of arbitrations currently pending under its auspices. This book—the most comprehensive study of the institution to date, covering its history, its present status, and its future prospects—proves the PCA’s contemporary relevance within the international dispute settlement framework.
For more information and to order, click here.

Capital Structure and Corporate Governance. The Role of Hybrid Financial Instruments

Despite a clear distinction in law between equity and debt, the results of such a categorization can be misleading. The growth of financial innovation necessitates the allocation of control and cash-flow rights in a way that diverges from the classic understanding. Some of the financial instruments issued by companies, so-called hybrid instruments, fall into a grey area between debt and equity.

This innovative study emphasizes the agency relations and property law claims embedded in the use of such unconventional instruments. It analyses and discusses the governance regulation of hybrids in a way that is primarily functional, departing from more common approaches that focus on tax advantages and internal corporate control.

The author assesses the role of hybrid instruments, unveiling the costs and benefits of issuing these securities, recognizing the different problem fields in which hybrids play an important role, and identifying legal and contracting solutions to governance and finance problems.
For more information and to order, click here.


Training & Customer Support

Training Tip for LoislawConnect

Can I search LoislawConnect for Federal District Court opinions by jurisdiction?
Yes. After opening the search template for Loislaw Federal District Court opinions (from within Primary Law > Jurisdictions > Federal), simply include the name of the jurisdiction you wish to search in the search field labeled “District Court.” You can search an entire jurisdiction by name (e.g., New York or Ohio), or you can search a specific district within a jurisdiction (e.g., N.D. New York).

LegalPro Training

Our LegalPro Training calendar contains pre-scheduled complimentary training sessions for IntelliConnect, LoislawConnect, RBSource, SECnet, and Kluwer services (including Kluwer IP Law, Kluwer Arbitration and Kluwer Competition Law).

Note: Registrations for IntelliConnect and LoislawConnect trainings are limited to a single person, so that each session can be customized to the individual’s subscription and research needs, but participants are welcome to share connection details with others in their organization.

Or send an email to LegalTraining@WoltersKluwer.com to request a complimentary telephone training for your firm. Whether you want a brief, high-level overview for a group or an in-depth, hands-on training for an individual, our professional Trainers will customize the session to your needs to ensure that you get the most out of your online subscription from Wolters Kluwer Law & Business.

Training Resources for Legal Professionals website

New Training Videos:

New Training Handouts

Contact Wolters Kluwer Law & Business Customer Support

IntelliConnect and RBsource subscriptions:
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CALL: 1-800-449-6435 (available 8 am to 8 pm CT Monday - Friday)
Research & Functionality: 1-800-344-3734 option #1 (IntelliConnect) or option #3 (Other inquiries)
Technical Support: 1-800-835-0105 option #1 (IntelliForms) or option #2 (All other inquiries)
EMAIL: customerservice@wolterskluwer.com

LoislawConnect and Kluwer Law International subscriptions:
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CALL: 1-877-471-5632 (available 8 am to 8 pm CT Monday - Friday)

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CALL: 1-800-955-5219 (toll-free) or 1-202-842-7355 (toll)