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Aug30
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On July 26, 2006, the Securities and Exchange Commission (SEC) adopted final rules regarding executive compensation disclosure and related items, including related-party transactions, director independent, and corporate governance matters.
The SEC also adopted Form 8-K triggers related to executive compensation events, limiting real time disclosures of management contracts and compensatory plans, contracts and arrangements, and consolidating Form 8-K disclosures on management and director issues under a single item.
The actual written release, SEC Release No. 33-8732, with the text of the final rules was available August 11, 2006. The SEC received more than 20,000 comment letters on its initial proposal—the most ever received on any rule-making proposal. The new rules are effective for the 2007 proxy season.
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Aug30
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Daniel Raphael who has a M.L.I.S. from UCLA, and headquartered in Newport Beach, CA, has taken his legal experiences as an information specialist inside corporate law firms including Munger Tolles & Olsen, Bingham McCutchen, Kramer Levin Naftalis & Frankel, and...
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Aug29
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The licensing attorney might make the observation that software companies have begun a new trend of offering free download versions of their products. Why give away products for free? Some of the licenses even appear to be perpetual. Historically, most...
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The Department of Commerce recently announced a proposed rule to its export regulations that might affect industries that trade with the People’s Republic of China (“PRC”). The proposed rule will require export licenses for over forty commodities, software, technologies if...
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Aug28
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The following is provided for information purposes, and not meant to be legal advice. Sweepstakes rules should be clear and conspicuous to the participants and should not be changed in mid-promotion. Factors used to determine whether disclosures are clear and...
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Aug27
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The following is provided for information purposes, and not meant to be legal advice. "Cramming" is the charge on a business' or person's long distance bill by companies the business or person may never have heard of before, but are about...
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Aug26
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The following is presented for information purposes, and not meant to be legal advice. Since January 1, 2005, the American Jobs Creation Act of 2004 (Jobs Act) required an employee who received supplemental wages in excess of $1 million from...
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The following is provided for information purposes, and not meant to be legal advice. The Social Security Administration (SSA) sends mismatch letters to employers if an employee’s name does not match the information in the SSA database. For instance, an...
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The following is provided for information purposes, and not meant to be legal advice. There are many federal, state, local laws and regulations governing sweepstakes. This is an area of law that is uncertain and frequently changed. Generally, a sweepstakes...
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Aug25
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The following is provided for information purposes, and is not meant to be legal advice. When someone is appointed a Section 16 officer under the Securities Exchange Act of 1934, the officer of the issuer of any class of equity...
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The following is provided for information purposes, and not meant to be legal advice. On August 22, 2006, in Marrita Murphy and Daniel J. Leveille v. Internal Revenue Service and United States of America, the United States Court of Appeals...
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Aug23
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Sometimes people differ in views based on their life experiences. For instance, an instructor who is 60 years old who rubs a student's back might think that he is giving her encouragement. Meanwhile, the student, who is 18 years, thinks...
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The Disability Accommodations Coordinator at Stanford University gave a talk on August 23, 2006 on how to interact with persons with disabilities. One should use language that gives a person with disabilities positivity and dignity. For instance, don't say: "handicapped",...
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Dr. Loretta Graziano Breuning, a graduate of Cornell University in 1975 wrote Greaseless: How to Thrive without Bribes in Developing Countries. Dr. Breuning, a Professor Emerita of International Business at CSU-East Bay in California, worked for the United Nations in...
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On July 24, 2006, the California Supreme Court narrowed California’s Unfair Competition Law (UCL) in Californians for Disability Rights (CDR) v. Mervyn’s LLC. The Court held that Proposition 64, codified at section 17204 of the California Business and Professions Code,...
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Aug22
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In Entertainment Software Association and Entertainment Merchants Association v. ORDER Mike Hatch, in his official capacity as Attorney General of the State of Minnesota, United States District Court, District of Minnesota, 06-CV-2268 (JMR/FLN), a state law designed to restrict minors'...
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Aug21
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E*TRADE FINANCIAL Corporate Services which offers employee stock plan services recently issued a technical alert about a new report created to assist its clients who use Equity Edge 6.x to identify stock option grants that were issued outside of the company's normal...
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Aug20
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The latest version of the draft of GNU General Public License version 3 (GPL3) was released a few weeks ago. There are documents posted on the Free Software Foundation (FSF) site showing comparisons between the latest version and the last...
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Aug18
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The following is not meant to be legal advice. The case law has remained consistent in Massachusetts concerning good faith and fair dealing claims. Ayash v. Dana-Farber Cancer Inst., 443 Mass. 367, 388 has been frequently cited. In Ayash, the...
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Aug17
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The following is provided for information purposes, and not meant to be legal advice. Instead of stating that equipment, services, or materials are given away for free, sometimes an agreement such as a bill of sale may indicate that the consideration...
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Aug16
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The following is for informational purposes, and not meant to be legal advice. Helpful terminology to keep in mind when completing securities filings for executives and directors: An "affiliate" is a person, such as a director or large shareholder, in...
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Aug15
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The following are English resources on Chinese laws. There are also some PRC government authorities that offer bilingual web sites. 1. A Complete Research Guide to the Laws of the People's Republic of China: The information was compiled by Wei...
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Aug13
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On August 1, 2006, Wilson Sonsini Goodrich & Rosati hosted in Palo Alto, CA a mixer designed for attorneys to meet and greet minority attorneys working on the California Peninsula. The event served to welcome minority summer associates, and introduced...
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Aug12
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Finance executives and business reporters spout out the term EBITDA all the time. What does EBITDA mean? Why should the attorney need to know? Attorneys who take part in reviewing financial statements should be aware that EBITDA means revenues less...
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Aug10
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On July 26, 2006, attorneys Mark Casciari, Jim Gehring, Linda Haynes of Seyfarth Shaw, LLP held a webcast on 401(k) plan fees. Since 401(k) plans are becoming the sole source of retirement savings, according to an article in the Wall...
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Aug 9
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On July 10, 2006, the California Supreme Court ruled unanimously in Smith v. Superior Court (L'Oreal USA, Inc.) (July 10, 2006) 2006 Cal. Lexis 8354, 2006 Daily Journal DAR 8988, that Labor Code provisions requiring immediate payment of final wages...
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Aug 8
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On July 19, 2006, the Ninth Circuit held in Miller v. Glenn Miller Productions, Inc., No. 04-55874 (9th Cir. 2006) that a trademark licensee does not have the right to sublicense any trademark or publicity rights to third parties without...
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Aug 7
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The following is for informational purposes, and not meant to be legal advice. What is the process a bank goes through in connection with making a loan? What are some of the types of loan agreement covenants, and how does...
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Aug 5
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On July 6, 2006, the Ninth Circuit Court of Appeals in Dark v. Curry County (9th Cir., No. 04-36087) expanded the scope of positions that must be considered in evaluating reassignment of an employee as a reasonable accommodation under the...
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The following is not meant to be legal advice, and is provided for information purposes only. All sweepstakes should be accompanied by official rules, which form the contract between the sponsor and the participant. The following elements should be considered...
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The following is provided for information purposes, and not meant to be legal advice. Under Section 16 of the Securities Exchange Act of 1934, a Section 16 officer is required to file a Form 4 when there are changes to...
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Aug 3
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The following is provided for information purposes, and not meant to be legal advice. France Some software companies deposit source code with the national library for priority reasons to show that they are the first to copyright the code. However,...
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