CompanyCounselor: October 2006 Archives

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Oct31	Valuations Linda Chan October 31, 2006 Know More: Executive compensation The following is not meant to be legal or financial advice. On October 13, 2006, James Walling, CFA of PricewaterhouseCoopers LLP presented to attorneys in Redwood City, CA on understanding valuations. Financial reporting and tax standards are migrating their views though there are still differences relating to discounts and premiums. There is a migration to fair value versus fair market value. Changes impact balance sheets and income statements. There are charges for equity compensation, transaction accounting. Continue Reading Posted at 9:06 PM \| Permalink \| Comments
Oct31	Foreign Local D & O Policy Linda Chan October 31, 2006 The following is not meant to be legal advice, and is provided for information only. A company may need foreign local directors’ and officers’ insurance liability policy if it has foreign subsidiaries with assets and a local board of directors... Continue Reading Posted at 8:54 PM \| Permalink \| Comments
Oct30	Sarbanes-Oxley Section 404 Linda Chan October 30, 2006 The following is not meant to be legal or financial advice, and is provided for information purposes only. On October 13, 2006, Jordan Eth of Morrison & Foerster, LLP gave a talk to attorneys on the risks and opportunities relating... Continue Reading Posted at 9:53 PM \| Permalink \| Comments
Oct28	History of Financial Reporting Linda Chan October 28, 2006 On October 13, 2006, Solomon N. Darwin, a professor at UC Berkeley, gave a talk to attorneys on financial reporting. Accounting is a basic social need that began long ago in Mesopotamia with records on clay token. Since then, US... Continue Reading Posted at 11:38 PM \| Permalink \| Comments
	Management’s Discussion and Analysis (MD & A) Part II Linda Chan October 28, 2006 The following is not meant to be legal or financial advice. On October 13, 2006, Ginny Coles, spoke to attorneys in Redwood City, CA on the in house counsel’s role in Management’s Discussion and Analysis of Financial Condition and Results... Continue Reading Posted at 9:37 PM \| Permalink \| Comments
Oct27	Management’s Discussion and Analysis (MD & A) Part I Linda Chan October 27, 2006 The following is not meant to be legal or financial advice. On October 13, 2006, Ginny Coles, spoke to attorneys in Redwood City, CA on the in house counsel’s role in Management’s Discussion and Analysis of Financial Condition and Results... Continue Reading Posted at 9:36 PM \| Permalink \| Comments
	Accruals for Loss Contingencies Part II Linda Chan October 27, 2006 The following is not meant to be legal or financial advice. On October 13, 2006, Andrew Cotton presented to attorneys in Redwood City, CA on accruals and loss contingencies. The fact that a company has insurance for loss contingencies bears... Continue Reading Posted at 9:24 PM \| Permalink \| Comments
Oct26	Accruals for Loss Contingencies Part I Linda Chan October 26, 2006 The following is not meant to be legal or financial advice. On October 13, 2006, Andrew Cotton presented to attorneys in Redwood City, CA on accruals and loss contingencies. The three thresholds of assessing the likelihood of the occurrence of... Continue Reading Posted at 9:23 PM \| Permalink \| Comments
Oct25	Outsourcing Linda Chan October 25, 2006 Recently Dave Gardner facilitated an event on Outsourcing Challenges and Solutions. Gardner, Founder and Principal of Gardner & Associates Consulting, stated that outsourcing relates to the present dilemma of “make or buy”. Should a company do something itself? Companies have... Continue Reading Posted at 9:37 PM \| Permalink \| Comments
	OSHA Part II Linda Chan October 25, 2006 The following is not meant to be legal advice. On October 14, 2006, Chris Baker, a partner at Thelen Reid & Priest, LLP, gave a talk in San Francisco on OSHA, which may stand for Occupational Safety and Health Act... Continue Reading Posted at 8:03 PM \| Permalink \| Comments
Oct24	Breach of Employment Contract Linda Chan October 24, 2006 The following is not meant to be legal advice, and is for information purposes only. On October 14, 2006, Kenneth J. Sugarman, an associate at Rudy Exelrod & Zieff, LLP, spoke in San Francisco, CA on breach of contract and... Continue Reading Posted at 11:01 PM \| Permalink \| Comments
	OSHA Part I Linda Chan October 24, 2006 The following is not meant to be legal advice. On October 14, 2006, Chris Baker, a partner at Thelen Reid & Priest, LLP, gave a talk in San Francisco on OSHA, which may stand for Occupational Safety and Health Act... Continue Reading Posted at 8:00 PM \| Permalink \| Comments
Oct23	Whistleblower and Retaliation Part II Linda Chan October 23, 2006 The following is not meant to be legal advice, and is for information purposes only. On October 14, 2006, Kenneth J. Sugarman, an associate at Rudy Exelrod & Zieff, LLP, spoke in San Francisco, CA on whistleblower and retaliation concerns.... Continue Reading Posted at 10:52 PM \| Permalink \| Comments
	Sarbanes-Oxley Section 404: Risks and Opportunities Linda Chan October 23, 2006 The following is not meant to be legal or financial advice, and is provided for information purposes only. On October 13, 2006, Todd Markus of Horn Murdock Cole gave a talk to attorneys on the risks and opportunities relating to... Continue Reading Posted at 8:05 PM \| Permalink \| Comments
Oct22	Whistleblower and Retaliation Part I Linda Chan October 22, 2006 The following is not meant to be legal advice, and is for information purposes only. On October 14, 2006, Kenneth J. Sugarman, an associate at Rudy Exelrod & Zieff, LLP, spoke in San Francisco, CA on whistleblower and retaliation concerns.... Continue Reading Posted at 10:51 PM \| Permalink \| Comments
	Financial Reporting Part II Linda Chan October 22, 2006 The following is not meant to be legal or financial advice, and is provided for information purposes only. On October 13, 2006, Professor Solomon N. Darwin of UC Berkeley, gave a lecture to attorneys on the nuts and bolts of... Continue Reading Posted at 6:23 PM \| Permalink \| Comments
Oct21	Sexual Harassment Policies and Investigations Linda Chan October 21, 2006 The following is for information, and not meant to be legal advice. On October 14, 2006, Harvey Pye, Principal at CorePursuit, Inc., gave a talk in San Francisco, CA on sexual harassment policies and investigating complaints. When creating a policy... Continue Reading Posted at 8:42 PM \| Permalink \| Comments
	Financial Reporting Part I Linda Chan October 21, 2006 The following is not meant to be legal or financial advice, and is provided for information purposes only. On October 13, 2006, Professor Solomon N. Darwin of UC Berkeley, gave a lecture to attorneys on the nuts and bolts of... Continue Reading Posted at 6:22 PM \| Permalink \| Comments
Oct20	D & O Underwriters Linda Chan October 20, 2006 Best’s Review recently reported on 10/03/2006 that D&O underwriters are putting companies under more scrutiny than in the past. Judy Blades, a Best's Review columnist, wrote that D&O underwriters today apply diligence and attention to identifying which companies adhere to... Continue Reading Posted at 10:30 PM \| Permalink \| Comments
	Delaware Intellectual Property Holding Company Linda Chan October 20, 2006 The following is for information and not meant to be legal advice. On October 12, 2006, the New Jersey Supreme Court affirmed a tax case against Lane Bryant, rejecting the company's trademark holding company state tax technique. In the technique,... Continue Reading Posted at 9:53 PM \| Permalink \| Comments
	Sexual Harassment Defined Linda Chan October 20, 2006 The following is for information, and not meant to be legal advice. On October 14, 2006, Harvey Pye, Principal at CorePursuit, Inc., gave a talk in San Francisco, CA on sexual harassment. Sexual harassment includes unwelcome sexual advances, requests for... Continue Reading Posted at 8:28 PM \| Permalink \| Comments
Oct19	NLRB Issues on Supervisors Part III Linda Chan October 19, 2006 In Golden Crest, 348 N.L.R.B. No. 39 (Sept. 29, 2006), the NLRB determined that Golden Crest’s charge nurses did not “assign” or “responsibly direct” employees. The employer failed to establish that the charge nurses were held accountable for the work... Continue Reading Posted at 9:37 PM \| Permalink \| Comments
	Hourly Rate for Computer Software Professionals Linda Chan October 19, 2006 The following is not meant to be legal advice. On October 2, 2006, the California Department of Industrial Relations announced that effective January 1, 2007, in California the minimum hourly rate for computer software professionals will be $49.77 per hour.... Continue Reading Posted at 8:50 PM \| Permalink \| Comments
	Sexual Harassment Training Linda Chan October 19, 2006 The following is for information, and not meant to be legal advice. On October 14, 2006, Harvey Pye, Principal at CorePursuit, Inc., gave a talk in San Francisco, CA on sexual harassment training. Why training? Training allows an employer to... Continue Reading Posted at 8:17 PM \| Permalink \| Comments
Oct18	Wage and Hour Laws Part II Linda Chan October 18, 2006 The following is for information and not meant to be legal advice. On October 8, 2006, Harry Hu, an investigator with the Department of Labor (DOL), gave a talk on wage and hour laws in San Francisco, CA. Whether an... Continue Reading Posted at 11:14 PM \| Permalink \| Comments
Oct17	Wage and Hour Laws Part I Linda Chan October 17, 2006 The following is for information and not meant to be legal advice. On October 8, 2006, Harry Hu, an investigator with the Department of Labor (DOL), gave a talk on wage and hour laws in San Francisco, CA. Most of... Continue Reading Posted at 11:05 PM \| Permalink \| Comments
Oct16	NLRB Issues on Supervisors Part II Linda Chan October 16, 2006 The following is provided for information purposes, and not meant to be legal advice. In Oakwood Healthcare, the employer sought to exclude from a petitioned-for unit of registered nurses a group of “permanent” and “rotating” charge nurses. In determining the... Continue Reading Posted at 9:36 PM \| Permalink \| Comments
Oct15	Subversion Linda Chan October 15, 2006 Attorneys working with developers on open source projects might want to read up on Subversion (SVN), a version control system designed to supplant Concurrent Versions System (CVS). CVS, popular in the open source community, keeps track of all work and... Continue Reading Posted at 9:43 PM \| Permalink \| Comments
	Restricted Shares vs. Stock Options Linda Chan October 15, 2006 The following is for information purposes and not meant to be legal or financial advice. Fewer companies are granting stock options because of scandal concerns relating to backdating, and trades based on misuse of insider news; and because option grants... Continue Reading Posted at 8:23 PM \| Permalink \| Comments
	Chamber of Commerce v. Lockyer Linda Chan October 15, 2006 In Chamber of Commerce v. Lockyer, 225 F. Supp. 2d 1199 (C.D. Cal. 2002), the plaintiffs, including the U.S. and California Chambers of Commerce and other business organizations, sued for injunctive and declaratory relief based on National Labor Relations Act... Continue Reading Posted at 3:06 PM \| Permalink \| Comments
	Transition Relief for Nonqualified Deferred Compensation Linda Chan October 15, 2006 The following is for information only, and not meant to be legal advice. On October 4, 2006, the Internal Revenue Service and Treasury Department issued transition relief in the form of Notice 2006-79 on Internal Revenue Code Section 409A. Section... Continue Reading Posted at 2:55 PM \| Permalink \| Comments
	NLRB Issues on Supervisors Part I Linda Chan October 15, 2006 The following is provided for information purposes, and not meant to be legal advice. Section 2(11) of the National Labor Relations Act (Act) defines supervisor as “any individual having authority, in the interest of the employer, to hire, transfer, suspend,... Continue Reading Posted at 2:34 PM \| Permalink \| Comments
Oct14	Balance Sheet Classification of Shares and Warrants Linda Chan October 14, 2006 Under the requirements of Financial Accounting Standards Board’s Emerging Issues Task Force Abstract No. 00-19, Accounting For Derivative Financial Instruments Indexed to, and Potentially Settled in, a Company’s Own Stock (EITF 00-19), some companies have discovered they improperly booked as... Continue Reading Posted at 10:12 PM \| Permalink \| Comments
	High Tech Entrepreneurship Linda Chan October 14, 2006 On October 11, 2006, Guy Kawasaki, managing director of Garage Technology Ventures, an early-stage venture capital firm, and a columnist for Forbes.com, moderated a discussion on entrepreneurship at Stanford, CA. The panelists at the event discussed the current state of... Continue Reading Posted at 9:23 PM \| Permalink \| Comments
	Standstill Linda Chan October 14, 2006 The following is provided for information purposes, and not meant to be legal advice. What is a standstill provision? What is the significance of a standstill provision in a confidentiality agreement? A confidentiality agreement sets the rules by which parties... Continue Reading Posted at 9:20 PM \| Permalink \| Comments
	Sarbanes-Oxley Inapplicable to Employee Complaints Linda Chan October 14, 2006 The following is for information, and not meant to be legal advice. Sarbanes-Oxley Act of 2002 Section 806 (SOX) protects employees who complain of financial or other specific wrongdoing related to shareholder fraud, or mail, wire, or bank fraud. Some... Continue Reading Posted at 9:02 PM \| Permalink \| Comments
Oct13	Pitching to Venture Capitalist Linda Chan October 13, 2006 On October 11, 2006, Erik Straser, a partner of Mohr Davidow Ventures, spoke in Stanford, CA on how to pitch to a venture capital firm. He mentioned that in business, the investor looked for elegance and simplicity. In presentations, the... Continue Reading Posted at 10:00 PM \| Permalink \| Comments
	Google and YouTube Linda Chan October 13, 2006 On October 11, 2006, Ann Winblad, co-founding Partner of Winblad Venture Partners, spoke on her thoughts of the recent transaction between Google and YouTube. Winblad was a software industry entrepreneur with 25 years experience in technology. Winblad observed that the... Continue Reading Posted at 9:47 PM \| Permalink \| Comments
	High Tech Trends Linda Chan October 13, 2006 On October 11, 2006, Stephen DeBerry, an Investment Director at Omidyar Nework, spoke at Stanford, CA on the current state of high tech entrepreneurship. DeBerry’s recent investments included Prosper, Voxiva, InnoCentive. Omidyar Network looked for businesses that generated strong financial... Continue Reading Posted at 9:36 PM \| Permalink \| Comments
	Vyew Linda Chan October 13, 2006 On October 3, 2006, DLA Piper Rudnick Gray Cary hosted a NewTech Meetup in East Palo Alto, CA. During the Meetup, two representatives on Vyew, a web service provided by Simulāt, Inc. a California corporation located in Berkeley, CA, discussed... Continue Reading Posted at 9:26 PM \| Permalink \| Comments
	SFAS No. 86 Linda Chan October 13, 2006 The following is provided for information purposes, and not meant to be legal or financial advice. Under SFAS No. 86, “Accounting for the Cost of Computer Software to be Sold, Leased, or Otherwise Marketed,” development costs incurred in the research... Continue Reading Posted at 9:05 PM \| Permalink \| Comments
Oct12	Merger Notifications Linda Chan October 12, 2006 Merger notifications continued to increase. The Federal Trade Commission (FTC) and the Antitrust Division of the Department of Justice (DOJ) recent annual report to Congress regarding the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (the HSR Act) covering filings and investigations... Continue Reading Posted at 10:49 PM \| Permalink \| Comments
	Phone Headset Linda Chan October 12, 2006 The following is for information purposes only. Any recommendations on phone headsets for the attorney who has long conference calls? Jabra headset: There are many blue-tooth headsets that work well with cell phones, but there may be issues with integration.... Continue Reading Posted at 8:11 PM \| Permalink \| Comments
Oct11	Alternative Dispute Resolution Mechanisms Linda Chan October 11, 2006 The following is for information, and not meant to be legal advice. On October 8, 2006, Fred Butler, an attorney engaged in arbitrations and mediations, gave a talk in San Francisco, CA on alternative dispute resolution mechanisms. There are many... Continue Reading Posted at 10:49 PM \| Permalink \| Comments
	Hologic, Inc. Linda Chan October 11, 2006 The Federal Trade Commission (FTC) action against Hologic, Inc. (Hologic) demonstrates that there continues to be scrutiny on non-reportable transactions after they are consummated. On September 29, 2005, Hologic paid $32 million to acquire intellectual property related to MammoTest, a... Continue Reading Posted at 10:44 PM \| Permalink \| Comments
	Zypsy Linda Chan October 11, 2006 On October 3, 2006, DLA Piper Rudnick Gray Cary hosted a NewTech Meetup in East Palo Alto, CA. During the Meetup, a representative on Zypsy discussed a tool for last minute social transactions such as finding rides, deals, reviews, books,... Continue Reading Posted at 9:35 PM \| Permalink \| Comments
Oct10	Conducting Investigations Linda Chan October 10, 2006 The following is for information purposes, and not meant to be legal advice. On October 8, 2006, Dana Peterson, a partner at Seyfarth Shaw, LLP gave a talk in San Francisco, CA on conducting effective workplace investigations. Investigations usually begin... Continue Reading Posted at 11:47 PM \| Permalink \| Comments
	FTC and Pharmaceutical Patent Settlements Linda Chan October 10, 2006 Though the US Supreme Court denied certiorari in Federal Trade Commission v. Schering-Plough Corp., the Federal Trade Commission (FTC) might continue to launch investigations of pharmaceutical patent settlements. There is still belief that "reverse payment" or "exclusion payment" settlements harm... Continue Reading Posted at 10:43 PM \| Permalink \| Comments
Oct 9	California's Union Neutrality Law Linda Chan October 9, 2006 In September 2000, Assembly Bill No. 1889 (AB 1889), Cal. Gov’t Code §§ 16645-16649, forbid employers who receive state funds in excess of $10,000 from using such funding to “assist, promote, or deter union organizing.” Employers who violate this statute... Continue Reading Posted at 9:04 PM \| Permalink \| Comments
Oct 8	Daniel Goleman Linda Chan October 8, 2006 On October 5, 2006, Daniel Goleman, author of Social Intelligence: The New Science of Human Relationships (Social Intelligence) spoke in San Jose, CA on how to nourish lasting personal relationships in a world of increasingly digitized interactions. In Social Intelligence,... Continue Reading Posted at 10:53 AM \| Permalink \| Comments
Oct 7	HP Case Study Linda Chan October 7, 2006 The following is provided for information purposes, and not meant to be legal advice. On October 3, 2006, Stanford Law School hosted a case study session on Hewlett-Packard Company (HP)’s troubles relating to pretexting. A pretexter obtains data on another... Continue Reading Posted at 9:53 PM \| Permalink \| Comments
	Net Neutrality Linda Chan October 7, 2006 In Washington, D.C., there is debate between both houses of Congress, the Federal Communications Commission (FCC), and the Federal Trade Commission (FTC) on whether owners of broadband telecommunications networks should be permitted to block or charge different prices for certain... Continue Reading Posted at 9:27 PM \| Permalink \| Comments
	Discrimination Linda Chan October 7, 2006 The following is not meant to be legal advice, and is provided for information purposes. On September 30, 2006, Diana Maier, an employment law and criminal defense attorney, spoke in San Francisco, CA on discrimination prevention issues in the hiring,... Continue Reading Posted at 9:24 PM \| Permalink \| Comments
Oct 6	401(k) Proposed Regulations Linda Chan October 6, 2006 The following is not meant to be legal advice, and is provided for information purposes. The Department of Labor issued proposed regulations to 401(k) plan fiduciaries on how to invest accounts of employees who do not make investment elections. The... Continue Reading Posted at 9:54 PM \| Permalink \| Comments
Oct 4	CivicEvolution Linda Chan October 4, 2006 On October 3, 2006, DLA Piper Rudnick Gray Cary hosted a NewTech Meetup in East Palo Alto, CA. During the Meetup, a representative from CivicEvolution discussed tools that support citizens who organize community projects, and brainstorm for ideas. CivicEvolution offers... Continue Reading Posted at 10:14 PM \| Permalink \| Comments
	New Trademark Bill Linda Chan October 4, 2006 Congress approved a bill to clarify trademark protection laws on September 25, 2006. The bill, which requires the President to sign in order to become law, includes definitions for “blurring” and “tarnishment”. The bill would allow a trademark owner, who... Continue Reading Posted at 9:13 PM \| Permalink \| Comments
Oct 3	SFAS 123(R) “Share-Based Payment” Linda Chan October 3, 2006 The following is not meant to be legal or financial advice, and is provided for information purposes only. SFAS 123(R) “Share-Based Payment”, which revises SFAS 123, “Accounting for Stock-Based Compensation” and supersedes Accounting Principles Board (“APB”) Opinion No. 25, “Accounting... Continue Reading Posted at 9:31 PM \| Permalink \| Comments

« September 2006 | Main | November 2006 »

Oct31	Valuations Linda Chan October 31, 2006 Know More: Executive compensation The following is not meant to be legal or financial advice. On October 13, 2006, James Walling, CFA of PricewaterhouseCoopers LLP presented to attorneys in Redwood City, CA on understanding valuations. Financial reporting and tax standards are migrating their views though there are still differences relating to discounts and premiums. There is a migration to fair value versus fair market value. Changes impact balance sheets and income statements. There are charges for equity compensation, transaction accounting. Continue Reading Posted at 9:06 PM \| Permalink \| Comments
Oct31	Foreign Local D & O Policy Linda Chan October 31, 2006 The following is not meant to be legal advice, and is provided for information only. A company may need foreign local directors’ and officers’ insurance liability policy if it has foreign subsidiaries with assets and a local board of directors... Continue Reading Posted at 8:54 PM \| Permalink \| Comments
Oct30	Sarbanes-Oxley Section 404 Linda Chan October 30, 2006 The following is not meant to be legal or financial advice, and is provided for information purposes only. On October 13, 2006, Jordan Eth of Morrison & Foerster, LLP gave a talk to attorneys on the risks and opportunities relating... Continue Reading Posted at 9:53 PM \| Permalink \| Comments
Oct28	History of Financial Reporting Linda Chan October 28, 2006 On October 13, 2006, Solomon N. Darwin, a professor at UC Berkeley, gave a talk to attorneys on financial reporting. Accounting is a basic social need that began long ago in Mesopotamia with records on clay token. Since then, US... Continue Reading Posted at 11:38 PM \| Permalink \| Comments
	Management’s Discussion and Analysis (MD & A) Part II Linda Chan October 28, 2006 The following is not meant to be legal or financial advice. On October 13, 2006, Ginny Coles, spoke to attorneys in Redwood City, CA on the in house counsel’s role in Management’s Discussion and Analysis of Financial Condition and Results... Continue Reading Posted at 9:37 PM \| Permalink \| Comments
Oct27	Management’s Discussion and Analysis (MD & A) Part I Linda Chan October 27, 2006 The following is not meant to be legal or financial advice. On October 13, 2006, Ginny Coles, spoke to attorneys in Redwood City, CA on the in house counsel’s role in Management’s Discussion and Analysis of Financial Condition and Results... Continue Reading Posted at 9:36 PM \| Permalink \| Comments
	Accruals for Loss Contingencies Part II Linda Chan October 27, 2006 The following is not meant to be legal or financial advice. On October 13, 2006, Andrew Cotton presented to attorneys in Redwood City, CA on accruals and loss contingencies. The fact that a company has insurance for loss contingencies bears... Continue Reading Posted at 9:24 PM \| Permalink \| Comments
Oct26	Accruals for Loss Contingencies Part I Linda Chan October 26, 2006 The following is not meant to be legal or financial advice. On October 13, 2006, Andrew Cotton presented to attorneys in Redwood City, CA on accruals and loss contingencies. The three thresholds of assessing the likelihood of the occurrence of... Continue Reading Posted at 9:23 PM \| Permalink \| Comments
Oct25	Outsourcing Linda Chan October 25, 2006 Recently Dave Gardner facilitated an event on Outsourcing Challenges and Solutions. Gardner, Founder and Principal of Gardner & Associates Consulting, stated that outsourcing relates to the present dilemma of “make or buy”. Should a company do something itself? Companies have... Continue Reading Posted at 9:37 PM \| Permalink \| Comments
	OSHA Part II Linda Chan October 25, 2006 The following is not meant to be legal advice. On October 14, 2006, Chris Baker, a partner at Thelen Reid & Priest, LLP, gave a talk in San Francisco on OSHA, which may stand for Occupational Safety and Health Act... Continue Reading Posted at 8:03 PM \| Permalink \| Comments
Oct24	Breach of Employment Contract Linda Chan October 24, 2006 The following is not meant to be legal advice, and is for information purposes only. On October 14, 2006, Kenneth J. Sugarman, an associate at Rudy Exelrod & Zieff, LLP, spoke in San Francisco, CA on breach of contract and... Continue Reading Posted at 11:01 PM \| Permalink \| Comments
	OSHA Part I Linda Chan October 24, 2006 The following is not meant to be legal advice. On October 14, 2006, Chris Baker, a partner at Thelen Reid & Priest, LLP, gave a talk in San Francisco on OSHA, which may stand for Occupational Safety and Health Act... Continue Reading Posted at 8:00 PM \| Permalink \| Comments
Oct23	Whistleblower and Retaliation Part II Linda Chan October 23, 2006 The following is not meant to be legal advice, and is for information purposes only. On October 14, 2006, Kenneth J. Sugarman, an associate at Rudy Exelrod & Zieff, LLP, spoke in San Francisco, CA on whistleblower and retaliation concerns.... Continue Reading Posted at 10:52 PM \| Permalink \| Comments
	Sarbanes-Oxley Section 404: Risks and Opportunities Linda Chan October 23, 2006 The following is not meant to be legal or financial advice, and is provided for information purposes only. On October 13, 2006, Todd Markus of Horn Murdock Cole gave a talk to attorneys on the risks and opportunities relating to... Continue Reading Posted at 8:05 PM \| Permalink \| Comments
Oct22	Whistleblower and Retaliation Part I Linda Chan October 22, 2006 The following is not meant to be legal advice, and is for information purposes only. On October 14, 2006, Kenneth J. Sugarman, an associate at Rudy Exelrod & Zieff, LLP, spoke in San Francisco, CA on whistleblower and retaliation concerns.... Continue Reading Posted at 10:51 PM \| Permalink \| Comments
	Financial Reporting Part II Linda Chan October 22, 2006 The following is not meant to be legal or financial advice, and is provided for information purposes only. On October 13, 2006, Professor Solomon N. Darwin of UC Berkeley, gave a lecture to attorneys on the nuts and bolts of... Continue Reading Posted at 6:23 PM \| Permalink \| Comments
Oct21	Sexual Harassment Policies and Investigations Linda Chan October 21, 2006 The following is for information, and not meant to be legal advice. On October 14, 2006, Harvey Pye, Principal at CorePursuit, Inc., gave a talk in San Francisco, CA on sexual harassment policies and investigating complaints. When creating a policy... Continue Reading Posted at 8:42 PM \| Permalink \| Comments
	Financial Reporting Part I Linda Chan October 21, 2006 The following is not meant to be legal or financial advice, and is provided for information purposes only. On October 13, 2006, Professor Solomon N. Darwin of UC Berkeley, gave a lecture to attorneys on the nuts and bolts of... Continue Reading Posted at 6:22 PM \| Permalink \| Comments
Oct20	D & O Underwriters Linda Chan October 20, 2006 Best’s Review recently reported on 10/03/2006 that D&O underwriters are putting companies under more scrutiny than in the past. Judy Blades, a Best's Review columnist, wrote that D&O underwriters today apply diligence and attention to identifying which companies adhere to... Continue Reading Posted at 10:30 PM \| Permalink \| Comments
	Delaware Intellectual Property Holding Company Linda Chan October 20, 2006 The following is for information and not meant to be legal advice. On October 12, 2006, the New Jersey Supreme Court affirmed a tax case against Lane Bryant, rejecting the company's trademark holding company state tax technique. In the technique,... Continue Reading Posted at 9:53 PM \| Permalink \| Comments
	Sexual Harassment Defined Linda Chan October 20, 2006 The following is for information, and not meant to be legal advice. On October 14, 2006, Harvey Pye, Principal at CorePursuit, Inc., gave a talk in San Francisco, CA on sexual harassment. Sexual harassment includes unwelcome sexual advances, requests for... Continue Reading Posted at 8:28 PM \| Permalink \| Comments
Oct19	NLRB Issues on Supervisors Part III Linda Chan October 19, 2006 In Golden Crest, 348 N.L.R.B. No. 39 (Sept. 29, 2006), the NLRB determined that Golden Crest’s charge nurses did not “assign” or “responsibly direct” employees. The employer failed to establish that the charge nurses were held accountable for the work... Continue Reading Posted at 9:37 PM \| Permalink \| Comments
	Hourly Rate for Computer Software Professionals Linda Chan October 19, 2006 The following is not meant to be legal advice. On October 2, 2006, the California Department of Industrial Relations announced that effective January 1, 2007, in California the minimum hourly rate for computer software professionals will be $49.77 per hour.... Continue Reading Posted at 8:50 PM \| Permalink \| Comments
	Sexual Harassment Training Linda Chan October 19, 2006 The following is for information, and not meant to be legal advice. On October 14, 2006, Harvey Pye, Principal at CorePursuit, Inc., gave a talk in San Francisco, CA on sexual harassment training. Why training? Training allows an employer to... Continue Reading Posted at 8:17 PM \| Permalink \| Comments
Oct18	Wage and Hour Laws Part II Linda Chan October 18, 2006 The following is for information and not meant to be legal advice. On October 8, 2006, Harry Hu, an investigator with the Department of Labor (DOL), gave a talk on wage and hour laws in San Francisco, CA. Whether an... Continue Reading Posted at 11:14 PM \| Permalink \| Comments
Oct17	Wage and Hour Laws Part I Linda Chan October 17, 2006 The following is for information and not meant to be legal advice. On October 8, 2006, Harry Hu, an investigator with the Department of Labor (DOL), gave a talk on wage and hour laws in San Francisco, CA. Most of... Continue Reading Posted at 11:05 PM \| Permalink \| Comments
Oct16	NLRB Issues on Supervisors Part II Linda Chan October 16, 2006 The following is provided for information purposes, and not meant to be legal advice. In Oakwood Healthcare, the employer sought to exclude from a petitioned-for unit of registered nurses a group of “permanent” and “rotating” charge nurses. In determining the... Continue Reading Posted at 9:36 PM \| Permalink \| Comments
Oct15	Subversion Linda Chan October 15, 2006 Attorneys working with developers on open source projects might want to read up on Subversion (SVN), a version control system designed to supplant Concurrent Versions System (CVS). CVS, popular in the open source community, keeps track of all work and... Continue Reading Posted at 9:43 PM \| Permalink \| Comments
	Restricted Shares vs. Stock Options Linda Chan October 15, 2006 The following is for information purposes and not meant to be legal or financial advice. Fewer companies are granting stock options because of scandal concerns relating to backdating, and trades based on misuse of insider news; and because option grants... Continue Reading Posted at 8:23 PM \| Permalink \| Comments
	Chamber of Commerce v. Lockyer Linda Chan October 15, 2006 In Chamber of Commerce v. Lockyer, 225 F. Supp. 2d 1199 (C.D. Cal. 2002), the plaintiffs, including the U.S. and California Chambers of Commerce and other business organizations, sued for injunctive and declaratory relief based on National Labor Relations Act... Continue Reading Posted at 3:06 PM \| Permalink \| Comments
	Transition Relief for Nonqualified Deferred Compensation Linda Chan October 15, 2006 The following is for information only, and not meant to be legal advice. On October 4, 2006, the Internal Revenue Service and Treasury Department issued transition relief in the form of Notice 2006-79 on Internal Revenue Code Section 409A. Section... Continue Reading Posted at 2:55 PM \| Permalink \| Comments
	NLRB Issues on Supervisors Part I Linda Chan October 15, 2006 The following is provided for information purposes, and not meant to be legal advice. Section 2(11) of the National Labor Relations Act (Act) defines supervisor as “any individual having authority, in the interest of the employer, to hire, transfer, suspend,... Continue Reading Posted at 2:34 PM \| Permalink \| Comments
Oct14	Balance Sheet Classification of Shares and Warrants Linda Chan October 14, 2006 Under the requirements of Financial Accounting Standards Board’s Emerging Issues Task Force Abstract No. 00-19, Accounting For Derivative Financial Instruments Indexed to, and Potentially Settled in, a Company’s Own Stock (EITF 00-19), some companies have discovered they improperly booked as... Continue Reading Posted at 10:12 PM \| Permalink \| Comments
	High Tech Entrepreneurship Linda Chan October 14, 2006 On October 11, 2006, Guy Kawasaki, managing director of Garage Technology Ventures, an early-stage venture capital firm, and a columnist for Forbes.com, moderated a discussion on entrepreneurship at Stanford, CA. The panelists at the event discussed the current state of... Continue Reading Posted at 9:23 PM \| Permalink \| Comments
	Standstill Linda Chan October 14, 2006 The following is provided for information purposes, and not meant to be legal advice. What is a standstill provision? What is the significance of a standstill provision in a confidentiality agreement? A confidentiality agreement sets the rules by which parties... Continue Reading Posted at 9:20 PM \| Permalink \| Comments
	Sarbanes-Oxley Inapplicable to Employee Complaints Linda Chan October 14, 2006 The following is for information, and not meant to be legal advice. Sarbanes-Oxley Act of 2002 Section 806 (SOX) protects employees who complain of financial or other specific wrongdoing related to shareholder fraud, or mail, wire, or bank fraud. Some... Continue Reading Posted at 9:02 PM \| Permalink \| Comments
Oct13	Pitching to Venture Capitalist Linda Chan October 13, 2006 On October 11, 2006, Erik Straser, a partner of Mohr Davidow Ventures, spoke in Stanford, CA on how to pitch to a venture capital firm. He mentioned that in business, the investor looked for elegance and simplicity. In presentations, the... Continue Reading Posted at 10:00 PM \| Permalink \| Comments
	Google and YouTube Linda Chan October 13, 2006 On October 11, 2006, Ann Winblad, co-founding Partner of Winblad Venture Partners, spoke on her thoughts of the recent transaction between Google and YouTube. Winblad was a software industry entrepreneur with 25 years experience in technology. Winblad observed that the... Continue Reading Posted at 9:47 PM \| Permalink \| Comments
	High Tech Trends Linda Chan October 13, 2006 On October 11, 2006, Stephen DeBerry, an Investment Director at Omidyar Nework, spoke at Stanford, CA on the current state of high tech entrepreneurship. DeBerry’s recent investments included Prosper, Voxiva, InnoCentive. Omidyar Network looked for businesses that generated strong financial... Continue Reading Posted at 9:36 PM \| Permalink \| Comments
	Vyew Linda Chan October 13, 2006 On October 3, 2006, DLA Piper Rudnick Gray Cary hosted a NewTech Meetup in East Palo Alto, CA. During the Meetup, two representatives on Vyew, a web service provided by Simulāt, Inc. a California corporation located in Berkeley, CA, discussed... Continue Reading Posted at 9:26 PM \| Permalink \| Comments
	SFAS No. 86 Linda Chan October 13, 2006 The following is provided for information purposes, and not meant to be legal or financial advice. Under SFAS No. 86, “Accounting for the Cost of Computer Software to be Sold, Leased, or Otherwise Marketed,” development costs incurred in the research... Continue Reading Posted at 9:05 PM \| Permalink \| Comments
Oct12	Merger Notifications Linda Chan October 12, 2006 Merger notifications continued to increase. The Federal Trade Commission (FTC) and the Antitrust Division of the Department of Justice (DOJ) recent annual report to Congress regarding the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (the HSR Act) covering filings and investigations... Continue Reading Posted at 10:49 PM \| Permalink \| Comments
	Phone Headset Linda Chan October 12, 2006 The following is for information purposes only. Any recommendations on phone headsets for the attorney who has long conference calls? Jabra headset: There are many blue-tooth headsets that work well with cell phones, but there may be issues with integration.... Continue Reading Posted at 8:11 PM \| Permalink \| Comments
Oct11	Alternative Dispute Resolution Mechanisms Linda Chan October 11, 2006 The following is for information, and not meant to be legal advice. On October 8, 2006, Fred Butler, an attorney engaged in arbitrations and mediations, gave a talk in San Francisco, CA on alternative dispute resolution mechanisms. There are many... Continue Reading Posted at 10:49 PM \| Permalink \| Comments
	Hologic, Inc. Linda Chan October 11, 2006 The Federal Trade Commission (FTC) action against Hologic, Inc. (Hologic) demonstrates that there continues to be scrutiny on non-reportable transactions after they are consummated. On September 29, 2005, Hologic paid $32 million to acquire intellectual property related to MammoTest, a... Continue Reading Posted at 10:44 PM \| Permalink \| Comments
	Zypsy Linda Chan October 11, 2006 On October 3, 2006, DLA Piper Rudnick Gray Cary hosted a NewTech Meetup in East Palo Alto, CA. During the Meetup, a representative on Zypsy discussed a tool for last minute social transactions such as finding rides, deals, reviews, books,... Continue Reading Posted at 9:35 PM \| Permalink \| Comments
Oct10	Conducting Investigations Linda Chan October 10, 2006 The following is for information purposes, and not meant to be legal advice. On October 8, 2006, Dana Peterson, a partner at Seyfarth Shaw, LLP gave a talk in San Francisco, CA on conducting effective workplace investigations. Investigations usually begin... Continue Reading Posted at 11:47 PM \| Permalink \| Comments
	FTC and Pharmaceutical Patent Settlements Linda Chan October 10, 2006 Though the US Supreme Court denied certiorari in Federal Trade Commission v. Schering-Plough Corp., the Federal Trade Commission (FTC) might continue to launch investigations of pharmaceutical patent settlements. There is still belief that "reverse payment" or "exclusion payment" settlements harm... Continue Reading Posted at 10:43 PM \| Permalink \| Comments
Oct 9	California's Union Neutrality Law Linda Chan October 9, 2006 In September 2000, Assembly Bill No. 1889 (AB 1889), Cal. Gov’t Code §§ 16645-16649, forbid employers who receive state funds in excess of $10,000 from using such funding to “assist, promote, or deter union organizing.” Employers who violate this statute... Continue Reading Posted at 9:04 PM \| Permalink \| Comments
Oct 8	Daniel Goleman Linda Chan October 8, 2006 On October 5, 2006, Daniel Goleman, author of Social Intelligence: The New Science of Human Relationships (Social Intelligence) spoke in San Jose, CA on how to nourish lasting personal relationships in a world of increasingly digitized interactions. In Social Intelligence,... Continue Reading Posted at 10:53 AM \| Permalink \| Comments
Oct 7	HP Case Study Linda Chan October 7, 2006 The following is provided for information purposes, and not meant to be legal advice. On October 3, 2006, Stanford Law School hosted a case study session on Hewlett-Packard Company (HP)’s troubles relating to pretexting. A pretexter obtains data on another... Continue Reading Posted at 9:53 PM \| Permalink \| Comments
	Net Neutrality Linda Chan October 7, 2006 In Washington, D.C., there is debate between both houses of Congress, the Federal Communications Commission (FCC), and the Federal Trade Commission (FTC) on whether owners of broadband telecommunications networks should be permitted to block or charge different prices for certain... Continue Reading Posted at 9:27 PM \| Permalink \| Comments
	Discrimination Linda Chan October 7, 2006 The following is not meant to be legal advice, and is provided for information purposes. On September 30, 2006, Diana Maier, an employment law and criminal defense attorney, spoke in San Francisco, CA on discrimination prevention issues in the hiring,... Continue Reading Posted at 9:24 PM \| Permalink \| Comments
Oct 6	401(k) Proposed Regulations Linda Chan October 6, 2006 The following is not meant to be legal advice, and is provided for information purposes. The Department of Labor issued proposed regulations to 401(k) plan fiduciaries on how to invest accounts of employees who do not make investment elections. The... Continue Reading Posted at 9:54 PM \| Permalink \| Comments
Oct 4	CivicEvolution Linda Chan October 4, 2006 On October 3, 2006, DLA Piper Rudnick Gray Cary hosted a NewTech Meetup in East Palo Alto, CA. During the Meetup, a representative from CivicEvolution discussed tools that support citizens who organize community projects, and brainstorm for ideas. CivicEvolution offers... Continue Reading Posted at 10:14 PM \| Permalink \| Comments
	New Trademark Bill Linda Chan October 4, 2006 Congress approved a bill to clarify trademark protection laws on September 25, 2006. The bill, which requires the President to sign in order to become law, includes definitions for “blurring” and “tarnishment”. The bill would allow a trademark owner, who... Continue Reading Posted at 9:13 PM \| Permalink \| Comments
Oct 3	SFAS 123(R) “Share-Based Payment” Linda Chan October 3, 2006 The following is not meant to be legal or financial advice, and is provided for information purposes only. SFAS 123(R) “Share-Based Payment”, which revises SFAS 123, “Accounting for Stock-Based Compensation” and supersedes Accounting Principles Board (“APB”) Opinion No. 25, “Accounting... Continue Reading Posted at 9:31 PM \| Permalink \| Comments

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