CompanyCounselor: December 2006 Archives

« November 2006 | Main | January 2007 »

Dec28	Federal Circuit On Specific Intent Standard In Patent Infringement Linda Chan December 28, 2006 Know More: Patent law 2.0, Patent law The following is not meant to be legal advice. On December 13, 2006, the Federal Circuit resolved a split in authority over the standard for proving inducement of patent infringement. Prior to December 2006, the Federal Circuit had issued contrary opinions, holding in one case, that intent to infringe was required to prove inducement, and, in another case, that only intent to cause the acts constituting infringement was required. Continue Reading Posted at 9:53 AM \| Permalink \| Comments
Dec26	Alex Sheshunoff Mgmt. Servs., LP. v. Johnson Linda Chan December 26, 2006 The following is not meant to be legal advice.On October 20, 2006, the Texas Supreme Court clarified Texas law governing covenants not to compete with its "business friendly" decision in Alex Sheshunoff Mgmt. Servs., LP. v. Johnson, 2006 Tex. LEXIS... Continue Reading Posted at 9:47 PM \| Permalink \| Comments
Dec25	Application Programming Interface Linda Chan December 25, 2006 Even though it may be Christmas soon, attorneys working in house might still be drafting agreements for new business strategies. There seems to be a trend on licensing application programming interface (API) by web development or software development companies. Attorneys... Continue Reading Posted at 1:43 PM \| Permalink \| Comments
Dec24	Employment Contracts Linda Chan December 24, 2006 The following is not meant to be legal advice. In Californians for Disability Rights v. Mervyn’s LLC, 39 Cal. 4th 223 (Cal. 2006), the California Supreme Court enforced Proposition 64’s limitations on who can sue under California’s Unfair Competition Statute.... Continue Reading Posted at 9:15 PM \| Permalink \| Comments
Dec23	Disability Discrimination Update Linda Chan December 23, 2006 The following is not meant to be legal advice. In Bass v. County of Butte, 458 F.3d 978 (9th Cir. 2006), the Ninth Circuit ruled that because California’s Unruh Act and Disabled Persons Act (DPA) address public access for the... Continue Reading Posted at 7:13 AM \| Permalink \| Comments
Dec21	United States v. Ziegler Linda Chan December 21, 2006 The following is not meant to be legal advice. In United States v. Ziegler, 456 F.3d 1138 (9th Cir. 2006), the Ninth Circuit ruled an employee has no expectation of privacy for Pornographic materials stored on workplace computer. The Ninth... Continue Reading Posted at 7:11 AM \| Permalink \| Comments
Dec20	Privacy in the Workplace Linda Chan December 20, 2006 The following is not meant to be legal advice. In Hernandez v. Hillsides Inc., 48 Cal. Rptr. 3d 780 (Cal. App. 2d Dist. 2006), the court rulted that employees can maintain an Invasion of privacy action without showing that a... Continue Reading Posted at 9:09 PM \| Permalink \| Comments
Dec19	ADEA Claims Linda Chan December 19, 2006 The following is not meant to be legal advice. The Ninth Circuit found in Syverson v. Int’l Bus. Machs. Corp., 2006 U.S. App. LEXIS 22504 (9th Cir. Aug. 31, 2006) that waivers employees signed during a reduction in force (RIF)... Continue Reading Posted at 9:07 PM \| Permalink \| Comments
	McNulty Memorandum Linda Chan December 19, 2006 The following is not meant to be legal advice.In contrast to Senator Arlen Specter (R-PA)’s Attorney Client Privilege Act of 2006 (Act), which sets out a rule prohibiting government attorneys from demanding or requesting that an organization waive the attorney-client... Continue Reading Posted at 10:27 AM \| Permalink \| Comments
	Attorney Client Privilege Act of 2006 Linda Chan December 19, 2006 The following is not meant to be legal advice.In response to the court’s decision in United States v. Stein, 435 F. Supp. 2d 330 (S.D.N.Y. 2006), Senator Arlen Specter (R-PA) introduced the "Attorney Client Privilege Act of 2006 (Act)." The... Continue Reading Posted at 10:23 AM \| Permalink \| Comments
	United States v. Stein Linda Chan December 19, 2006 In United States v. Stein, 435 F. Supp. 2d 330 (S.D.N.Y. 2006), the court found that if a company agreed to indemnify its employees for their legal expenses and advance attorneys' fees in the absence of a statutory or contractual... Continue Reading Posted at 10:18 AM \| Permalink \| Comments
Dec18	Pension Protection Act of 2006 Extension Linda Chan December 18, 2006 The following is not meant to be legal advice.On November 30, 2006, the Internal Revenue Service (IRS) extended the deadline for plan sponsors to furnish employer stock diversification notices by adding a grace period of up to one month. The... Continue Reading Posted at 11:42 PM \| Permalink \| Comments
Dec17	Romaneck v. Deutsche Asset Mgmt. Linda Chan December 17, 2006 In Romaneck v. Deutsche Asset Mgmt., 2006 U.S. Dist. LEXIS 59397 (N.D. Cal. Aug. 17, 2006), a plaintiff filing a state whistleblowing claim did not need to exhaust his federal administrative procedures under Sarbanes-Oxley Act (SOX) before filing his state... Continue Reading Posted at 6:29 PM \| Permalink \| Comments
Dec16	McRae v. Dep’t of Corr. & Rehabilitation Part II Linda Chan December 16, 2006 The following is not meant to be legal advice. In McRae v. Dep’t of Corr. & Rehabilitation, 142 Cal. App. 4th 377 (Cal. App. 1st Dist. 2006), the appellate court concluded that what the doctor contended was a “continuous course... Continue Reading Posted at 9:27 PM \| Permalink \| Comments
Dec15	McRae v. Dep’t of Corr. & Rehabilitation Part I Linda Chan December 15, 2006 The following is not meant to be legal advice. In McRae v. Dep’t of Corr. & Rehabilitation, 142 Cal. App. 4th 377 (Cal. App. 1st Dist. 2006), an appellate court reverses a retaliation jury award for the second time. Revisiting... Continue Reading Posted at 9:20 PM \| Permalink \| Comments
Dec14	Sonoma State Univ. v. WCAB Linda Chan December 14, 2006 The following is not meant to be legal advice. In Sonoma State Univ. v. WCAB, 142 Cal. App. 4th 500 (Cal. App. 1st Dist. 2006), according to the WCAB, even though only 35% of the claimant’s permanent disability was work... Continue Reading Posted at 9:18 PM \| Permalink \| Comments
Dec13	2006 Discrimination and Retaliation Update Linda Chan December 13, 2006 In Sonoma State Univ. v. WCAB, 142 Cal. App. 4th 500 (Cal. App. 1st Dist. 2006), claimant did not satisfy her burden of establishing that she sustained a compensable industrial injury where her entire psychiatric disability was not predominantly work... Continue Reading Posted at 9:16 PM \| Permalink \| Comments
Dec12	Fleming v. Dollar Tree Stores Inc. Linda Chan December 12, 2006 The following is not meant to be legal advice. In Fleming v. Dollar Tree Stores Inc., 2006 U.S. Dist. LEXIS 67749 (N.D. Cal. Sept. 15, 2006), the court decided that the prompt payment of wages statute requires employees to be... Continue Reading Posted at 9:15 PM \| Permalink \| Comments
Dec11	Zavala v. Scott Brothers Dairy Part II Linda Chan December 11, 2006 The following is not meant to be legal advice.In Zavala v. Scott Brothers Dairy, 2006 Cal. App. LEXIS 1513 (Cal. App. 2d Dist. Sept. 28, 2006), dairy workers were not compelled to arbitrate their claims. The plaintiffs, workers at a... Continue Reading Posted at 8:09 AM \| Permalink \| Comments
	Exhaustion Requirements Of Private Attorneys General Act Linda Chan December 11, 2006 The following is not meant to be legal advice. In Dunlap v. The Superior Court, 142 Cal. App. 4th 330 (Cal. App. 2d Dist. 2006), a former bank employee filed a proposed class action under the Private Attorneys General Act... Continue Reading Posted at 7:44 AM \| Permalink \| Comments
Dec10	Koehl v. Verio, Inc. Linda Chan December 10, 2006 The California Court of Appeal held in Koehl v. Verio, Inc., 142 Cal. App. 4th 1313 (Cal. App. 1st Dist. 2006) that it was “clearly the law” in California that a salesperson must pay back the excess of advances made... Continue Reading Posted at 7:43 AM \| Permalink \| Comments
	U.S. Supreme Court Employment Cases Linda Chan December 10, 2006 The following is not meant to be legal advice. Two employment law cases pending before the U.S. Supreme Court when it opened its October 2, 2006 term included: Osborn v. Haley, 442 F.3d 359 (6th Cir. 2005), cert. granted, 126... Continue Reading Posted at 7:37 AM \| Permalink \| Comments
Dec 9	Corona Fruits and Veggies, Inc v. Frozsun Foods, Inc. Linda Chan December 9, 2006 Notes: Some of this research came from a CT Newswire (part of Wolters Kluwer Corporate Legal Services). The following is not meant to be legal advice. In Corona Fruits and Veggies, Inc v. Frozsun Foods, Inc. 48 Cal. Rptr. 3d 868;... Continue Reading Posted at 8:18 PM \| Permalink \| Comments
	2006 Wage-Hour Developments Linda Chan December 9, 2006 The following is not meant to be legal advice. The California Court of Appeal confirmed the employer’s right to recover advanced commissions. In Koehl v. Verio, Inc., 142 Cal. App. 4th 1313 (Cal. App. 1st Dist. 2006), several former sales... Continue Reading Posted at 7:40 AM \| Permalink \| Comments
Dec 6	Google Guide Linda Chan December 6, 2006 On November 21, 2006, Nancy Blachman, who produced Google Guide, spoke in Santa Clara, CA on how to use Google to get more potential clients to visit a web site. Blachman used Google since spring 1999 when Google was less... Continue Reading Posted at 9:01 PM \| Permalink \| Comments
	Employment Cases Pending Before The U.S. Supreme Court Linda Chan December 6, 2006 The following is not meant to be legal advice. The U. S. Supreme Court opened a new term October 2, 2006 with pending employment law cases. Two of the cases are: Ledbetter v. Goodyear Tire & Rubber Co., 421 F.3d 1169 (11th... Continue Reading Posted at 7:33 AM \| Permalink \| Comments
Dec 4	Zavala v. Scott Brothers Dairy Part I Linda Chan December 4, 2006 The following is not meant to be legal advice.In Zavala v. Scott Brothers Dairy, 2006 Cal. App. LEXIS 1513 (Cal. App. 2d Dist. Sept. 28, 2006), the union could not waive the plaintiffs’ statutory rights to receive both rest periods... Continue Reading Posted at 6:12 PM \| Permalink \| Comments
	California's Harassment Training Law Linda Chan December 4, 2006 The following is not meant to be legal advice. The California Fair Employment and Housing Commission (FEHC) on November 14, 2006 adopted final proposed regulations interpreting AB 1825. AB 1825 is California's harassment training law. The FEHC will present a... Continue Reading Posted at 1:11 PM \| Permalink \| Comments
Dec 3	FTC Obtains Divestitures Linda Chan December 3, 2006 In October 2006, the Federal Trade Commission (FTC) completed its review of generic pharmaceutical mergers: Watson's acquisition of Andrx, and Barr's acquisition of Pliva. In Watson, the FTC determined that divestiture was required because anticompetitive effects were likely in markets... Continue Reading Posted at 12:59 PM \| Permalink \| Comments
Dec 2	FTC Completes Review of Generic Drug Mergers Linda Chan December 2, 2006 The following is not meant to be legal advice. There is a trend toward consolidation in the generic pharmaceutical industry. In October 2006, the Federal Trade Commission (FTC) completed its review of two generic pharmaceutical mergers: Watson's acquisition of Andrx, and... Continue Reading Posted at 12:56 PM \| Permalink \| Comments

« November 2006 | Main | January 2007 »

Dec28	Federal Circuit On Specific Intent Standard In Patent Infringement Linda Chan December 28, 2006 Know More: Patent law 2.0, Patent law The following is not meant to be legal advice. On December 13, 2006, the Federal Circuit resolved a split in authority over the standard for proving inducement of patent infringement. Prior to December 2006, the Federal Circuit had issued contrary opinions, holding in one case, that intent to infringe was required to prove inducement, and, in another case, that only intent to cause the acts constituting infringement was required. Continue Reading Posted at 9:53 AM \| Permalink \| Comments
Dec26	Alex Sheshunoff Mgmt. Servs., LP. v. Johnson Linda Chan December 26, 2006 The following is not meant to be legal advice.On October 20, 2006, the Texas Supreme Court clarified Texas law governing covenants not to compete with its "business friendly" decision in Alex Sheshunoff Mgmt. Servs., LP. v. Johnson, 2006 Tex. LEXIS... Continue Reading Posted at 9:47 PM \| Permalink \| Comments
Dec25	Application Programming Interface Linda Chan December 25, 2006 Even though it may be Christmas soon, attorneys working in house might still be drafting agreements for new business strategies. There seems to be a trend on licensing application programming interface (API) by web development or software development companies. Attorneys... Continue Reading Posted at 1:43 PM \| Permalink \| Comments
Dec24	Employment Contracts Linda Chan December 24, 2006 The following is not meant to be legal advice. In Californians for Disability Rights v. Mervyn’s LLC, 39 Cal. 4th 223 (Cal. 2006), the California Supreme Court enforced Proposition 64’s limitations on who can sue under California’s Unfair Competition Statute.... Continue Reading Posted at 9:15 PM \| Permalink \| Comments
Dec23	Disability Discrimination Update Linda Chan December 23, 2006 The following is not meant to be legal advice. In Bass v. County of Butte, 458 F.3d 978 (9th Cir. 2006), the Ninth Circuit ruled that because California’s Unruh Act and Disabled Persons Act (DPA) address public access for the... Continue Reading Posted at 7:13 AM \| Permalink \| Comments
Dec21	United States v. Ziegler Linda Chan December 21, 2006 The following is not meant to be legal advice. In United States v. Ziegler, 456 F.3d 1138 (9th Cir. 2006), the Ninth Circuit ruled an employee has no expectation of privacy for Pornographic materials stored on workplace computer. The Ninth... Continue Reading Posted at 7:11 AM \| Permalink \| Comments
Dec20	Privacy in the Workplace Linda Chan December 20, 2006 The following is not meant to be legal advice. In Hernandez v. Hillsides Inc., 48 Cal. Rptr. 3d 780 (Cal. App. 2d Dist. 2006), the court rulted that employees can maintain an Invasion of privacy action without showing that a... Continue Reading Posted at 9:09 PM \| Permalink \| Comments
Dec19	ADEA Claims Linda Chan December 19, 2006 The following is not meant to be legal advice. The Ninth Circuit found in Syverson v. Int’l Bus. Machs. Corp., 2006 U.S. App. LEXIS 22504 (9th Cir. Aug. 31, 2006) that waivers employees signed during a reduction in force (RIF)... Continue Reading Posted at 9:07 PM \| Permalink \| Comments
	McNulty Memorandum Linda Chan December 19, 2006 The following is not meant to be legal advice.In contrast to Senator Arlen Specter (R-PA)’s Attorney Client Privilege Act of 2006 (Act), which sets out a rule prohibiting government attorneys from demanding or requesting that an organization waive the attorney-client... Continue Reading Posted at 10:27 AM \| Permalink \| Comments
	Attorney Client Privilege Act of 2006 Linda Chan December 19, 2006 The following is not meant to be legal advice.In response to the court’s decision in United States v. Stein, 435 F. Supp. 2d 330 (S.D.N.Y. 2006), Senator Arlen Specter (R-PA) introduced the "Attorney Client Privilege Act of 2006 (Act)." The... Continue Reading Posted at 10:23 AM \| Permalink \| Comments
	United States v. Stein Linda Chan December 19, 2006 In United States v. Stein, 435 F. Supp. 2d 330 (S.D.N.Y. 2006), the court found that if a company agreed to indemnify its employees for their legal expenses and advance attorneys' fees in the absence of a statutory or contractual... Continue Reading Posted at 10:18 AM \| Permalink \| Comments
Dec18	Pension Protection Act of 2006 Extension Linda Chan December 18, 2006 The following is not meant to be legal advice.On November 30, 2006, the Internal Revenue Service (IRS) extended the deadline for plan sponsors to furnish employer stock diversification notices by adding a grace period of up to one month. The... Continue Reading Posted at 11:42 PM \| Permalink \| Comments
Dec17	Romaneck v. Deutsche Asset Mgmt. Linda Chan December 17, 2006 In Romaneck v. Deutsche Asset Mgmt., 2006 U.S. Dist. LEXIS 59397 (N.D. Cal. Aug. 17, 2006), a plaintiff filing a state whistleblowing claim did not need to exhaust his federal administrative procedures under Sarbanes-Oxley Act (SOX) before filing his state... Continue Reading Posted at 6:29 PM \| Permalink \| Comments
Dec16	McRae v. Dep’t of Corr. & Rehabilitation Part II Linda Chan December 16, 2006 The following is not meant to be legal advice. In McRae v. Dep’t of Corr. & Rehabilitation, 142 Cal. App. 4th 377 (Cal. App. 1st Dist. 2006), the appellate court concluded that what the doctor contended was a “continuous course... Continue Reading Posted at 9:27 PM \| Permalink \| Comments
Dec15	McRae v. Dep’t of Corr. & Rehabilitation Part I Linda Chan December 15, 2006 The following is not meant to be legal advice. In McRae v. Dep’t of Corr. & Rehabilitation, 142 Cal. App. 4th 377 (Cal. App. 1st Dist. 2006), an appellate court reverses a retaliation jury award for the second time. Revisiting... Continue Reading Posted at 9:20 PM \| Permalink \| Comments
Dec14	Sonoma State Univ. v. WCAB Linda Chan December 14, 2006 The following is not meant to be legal advice. In Sonoma State Univ. v. WCAB, 142 Cal. App. 4th 500 (Cal. App. 1st Dist. 2006), according to the WCAB, even though only 35% of the claimant’s permanent disability was work... Continue Reading Posted at 9:18 PM \| Permalink \| Comments
Dec13	2006 Discrimination and Retaliation Update Linda Chan December 13, 2006 In Sonoma State Univ. v. WCAB, 142 Cal. App. 4th 500 (Cal. App. 1st Dist. 2006), claimant did not satisfy her burden of establishing that she sustained a compensable industrial injury where her entire psychiatric disability was not predominantly work... Continue Reading Posted at 9:16 PM \| Permalink \| Comments
Dec12	Fleming v. Dollar Tree Stores Inc. Linda Chan December 12, 2006 The following is not meant to be legal advice. In Fleming v. Dollar Tree Stores Inc., 2006 U.S. Dist. LEXIS 67749 (N.D. Cal. Sept. 15, 2006), the court decided that the prompt payment of wages statute requires employees to be... Continue Reading Posted at 9:15 PM \| Permalink \| Comments
Dec11	Zavala v. Scott Brothers Dairy Part II Linda Chan December 11, 2006 The following is not meant to be legal advice.In Zavala v. Scott Brothers Dairy, 2006 Cal. App. LEXIS 1513 (Cal. App. 2d Dist. Sept. 28, 2006), dairy workers were not compelled to arbitrate their claims. The plaintiffs, workers at a... Continue Reading Posted at 8:09 AM \| Permalink \| Comments
	Exhaustion Requirements Of Private Attorneys General Act Linda Chan December 11, 2006 The following is not meant to be legal advice. In Dunlap v. The Superior Court, 142 Cal. App. 4th 330 (Cal. App. 2d Dist. 2006), a former bank employee filed a proposed class action under the Private Attorneys General Act... Continue Reading Posted at 7:44 AM \| Permalink \| Comments
Dec10	Koehl v. Verio, Inc. Linda Chan December 10, 2006 The California Court of Appeal held in Koehl v. Verio, Inc., 142 Cal. App. 4th 1313 (Cal. App. 1st Dist. 2006) that it was “clearly the law” in California that a salesperson must pay back the excess of advances made... Continue Reading Posted at 7:43 AM \| Permalink \| Comments
	U.S. Supreme Court Employment Cases Linda Chan December 10, 2006 The following is not meant to be legal advice. Two employment law cases pending before the U.S. Supreme Court when it opened its October 2, 2006 term included: Osborn v. Haley, 442 F.3d 359 (6th Cir. 2005), cert. granted, 126... Continue Reading Posted at 7:37 AM \| Permalink \| Comments
Dec 9	Corona Fruits and Veggies, Inc v. Frozsun Foods, Inc. Linda Chan December 9, 2006 Notes: Some of this research came from a CT Newswire (part of Wolters Kluwer Corporate Legal Services). The following is not meant to be legal advice. In Corona Fruits and Veggies, Inc v. Frozsun Foods, Inc. 48 Cal. Rptr. 3d 868;... Continue Reading Posted at 8:18 PM \| Permalink \| Comments
	2006 Wage-Hour Developments Linda Chan December 9, 2006 The following is not meant to be legal advice. The California Court of Appeal confirmed the employer’s right to recover advanced commissions. In Koehl v. Verio, Inc., 142 Cal. App. 4th 1313 (Cal. App. 1st Dist. 2006), several former sales... Continue Reading Posted at 7:40 AM \| Permalink \| Comments
Dec 6	Google Guide Linda Chan December 6, 2006 On November 21, 2006, Nancy Blachman, who produced Google Guide, spoke in Santa Clara, CA on how to use Google to get more potential clients to visit a web site. Blachman used Google since spring 1999 when Google was less... Continue Reading Posted at 9:01 PM \| Permalink \| Comments
	Employment Cases Pending Before The U.S. Supreme Court Linda Chan December 6, 2006 The following is not meant to be legal advice. The U. S. Supreme Court opened a new term October 2, 2006 with pending employment law cases. Two of the cases are: Ledbetter v. Goodyear Tire & Rubber Co., 421 F.3d 1169 (11th... Continue Reading Posted at 7:33 AM \| Permalink \| Comments
Dec 4	Zavala v. Scott Brothers Dairy Part I Linda Chan December 4, 2006 The following is not meant to be legal advice.In Zavala v. Scott Brothers Dairy, 2006 Cal. App. LEXIS 1513 (Cal. App. 2d Dist. Sept. 28, 2006), the union could not waive the plaintiffs’ statutory rights to receive both rest periods... Continue Reading Posted at 6:12 PM \| Permalink \| Comments
	California's Harassment Training Law Linda Chan December 4, 2006 The following is not meant to be legal advice. The California Fair Employment and Housing Commission (FEHC) on November 14, 2006 adopted final proposed regulations interpreting AB 1825. AB 1825 is California's harassment training law. The FEHC will present a... Continue Reading Posted at 1:11 PM \| Permalink \| Comments
Dec 3	FTC Obtains Divestitures Linda Chan December 3, 2006 In October 2006, the Federal Trade Commission (FTC) completed its review of generic pharmaceutical mergers: Watson's acquisition of Andrx, and Barr's acquisition of Pliva. In Watson, the FTC determined that divestiture was required because anticompetitive effects were likely in markets... Continue Reading Posted at 12:59 PM \| Permalink \| Comments
Dec 2	FTC Completes Review of Generic Drug Mergers Linda Chan December 2, 2006 The following is not meant to be legal advice. There is a trend toward consolidation in the generic pharmaceutical industry. In October 2006, the Federal Trade Commission (FTC) completed its review of two generic pharmaceutical mergers: Watson's acquisition of Andrx, and... Continue Reading Posted at 12:56 PM \| Permalink \| Comments

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