CompanyCounselor: January 2007 Archives

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Jan31	AICPA WebTrust Linda Chan January 31, 2007 Know More: Privacy 2.0, Privacy The American Institute of Certified Public Accountants (“AICPA”) and the Canadian Institute of Chartered Accountants created AICPA WebTrust. This seal program requires annual renewal. Unlike other seal programs which may allow self assessments of whether the company is complying with its privacy statement, this seal program requires the participant to contract with a CPA to examine its site for transaction integrity, information protection, and business practices. There are separate seals for privacy, security, processing integrity, availability, confidentiality, and consumer protection. The fee is $1500 per seal. Continue Reading Posted at 8:48 PM \| Permalink \| Comments
Jan31	Fair Share Statutes Linda Chan January 31, 2007 To reduce climbing Medicaid costs for low-income individuals who lack health care benefits several states have passed “fair share” statutes. Under these statutes, employers either pay for, arrange for health care benefits, or they pay an assessment to the state.... Continue Reading Posted at 8:41 PM \| Permalink \| Comments
	Resources for Keeping Up With Securities Laws Linda Chan January 31, 2007 For the attorney returning to securities law or the generalist who wants to get up to speed with securities developments, there are several free and low cost resources. If the attorney uses Bowne & Co., Inc. for financial printing, he/she... Continue Reading Posted at 8:35 PM \| Permalink \| Comments
Jan30	Simpson Thacher Salary Increase Linda Chan January 30, 2007 On January 22, 2007, 6:04 pm there was a post on Simpson Thacher by Peter Lattman on the firm’s increase in first-year associate base salaries to $160,000, second- year salaries to $170,000. This was a $15,000 bump from the $145,000... Continue Reading Posted at 8:55 PM \| Permalink \| Comments
	Open Office Linda Chan January 30, 2007 What is Open Office? It is a suite of programs that offer the attorney who has his/her own business and wants to save money all the capabilities of MS Office at no charge. Open Office is an open source product,... Continue Reading Posted at 8:18 PM \| Permalink \| Comments
Jan28	BBBOnLine Linda Chan January 28, 2007 BBBOnLine is a subsidiary of the Council of Better Business Bureaus. It has a privacy seal program that gives consumers confidence that their personal information will be safeguarded by companies that participate in the program. To participate in the program,... Continue Reading Posted at 10:47 AM \| Permalink \| Comments
Jan27	TRUSTe Part II Linda Chan January 27, 2007 On privacy seal programs, TRUSTe, founded 1997 offers several seal programs. Besides the standard TRUSTe seal, there are Japan and EU seals. Fees for the EU seal, which is recommended for Safe Harbor listing, depend on whether the licensee contracts... Continue Reading Posted at 8:45 PM \| Permalink \| Comments
	Attorney of Record Linda Chan January 27, 2007 The following is not meant to be legal advice. An attorney working for a law firm should be wary of how his/her name is used in the firm’s stationary or pleadings after he departs. Usually, according to the California State... Continue Reading Posted at 10:44 AM \| Permalink \| Comments
Jan26	Stanton v. Mott Linda Chan January 26, 2007 The following is not meant to be legal advice, and may be outdated research. The general rule is that expenditures by an administrative official are proper only insofar as they are explicitly or implicitly authorized by legislative enactment. Uhl v.... Continue Reading Posted at 8:42 PM \| Permalink \| Comments
Jan25	Employer Discharge Linda Chan January 25, 2007 The following is not meant to be legal advice, and may be outdated research. The question is whether an employer can discharge someone who is on workers’ compensation, under the American Disabilities Act (ADA), for staying out of work too... Continue Reading Posted at 8:39 PM \| Permalink \| Comments
	Employer Discharge Linda Chan January 25, 2007 The following is not meant to be legal advice, and may be outdated research. The question is whether an employer can discharge someone who is on workers’ compensation, under the American Disabilities Act (ADA), for staying out of work too... Continue Reading Posted at 8:39 PM \| Permalink \| Comments
	Home Rule Linda Chan January 25, 2007 The following is not meant to be legal advice, and may be outdated research. The concept of “home rule” emerged as a culmination of attempts by municipalities to impose limitations on the state’s power to deal with local issues. In... Continue Reading Posted at 8:36 PM \| Permalink \| Comments
Jan24	Free Speech in the Workplace Linda Chan January 24, 2007 The following is not meant to be legal advice, and may be outdated research. How free is speech in the workplace. There was an article in The Recorder on this topic on September 5, 1996. The California Supreme Court agreed... Continue Reading Posted at 8:34 PM \| Permalink \| Comments
	Hart-Scott-Rodino Act Dollar Thresholds Linda Chan January 24, 2007 The following is not meant to be legal advice. The Hart-Scott-Rodino Act dollar thresholds for pre-acquisition filings will increase effective in mid-February 2007. There is an annual adjustment mechanism that was created in the last round of amendments to the... Continue Reading Posted at 8:29 PM \| Permalink \| Comments
Jan23	What Are Web Beacons? Linda Chan January 23, 2007 This is not meant to be legal advice, and the research may be outdated.When surfing on the Internet, users may come across web beacons on some web sites. Some web sites may use web beacons. What is a web beacon? ... Continue Reading Posted at 9:14 PM \| Permalink \| Comments
	Make a Court Appearance Part II Linda Chan January 23, 2007 This is not meant to be legal advice. When entering the court to make a court appearance, the attorney will give the appearance slip to the court and resolve any problems. The attorney makes the appearance by waiting for the... Continue Reading Posted at 8:32 PM \| Permalink \| Comments
	Making a Court Appearance Part I Linda Chan January 23, 2007 This is not meant to be legal advice, and may be outdated research. For the attorney who might need to make a court appearance, here are some guidelines using the Alameda County, CA probate court as an example. The probate... Continue Reading Posted at 8:30 PM \| Permalink \| Comments
Jan22	Taking Depositions Part II Linda Chan January 22, 2007 The following is not meant to be legal advice, and may be outdated research.Here are more guidelines for the attorney who might need to take depositions. For the witness to show credibility in his/her answers, make sure the witness thinks... Continue Reading Posted at 8:27 PM \| Permalink \| Comments
Jan21	Taking Depositions Part I Linda Chan January 21, 2007 This is not meant to be legal advice, and may be outdated research. For the attorney who might need to take depositions, here are some guidelines. First, the attorney needs to swear in the witness. The attorney should review deposition... Continue Reading Posted at 8:26 PM \| Permalink \| Comments
	TRUSTe Part I Linda Chan January 21, 2007 Founded in 1997, the TRUSTe program licenses its seals to web sites that meet its privacy principles. These principles are similar to the DOC’s Safe Harbor principles, and include: a) disclosing what information is collected, b) disclosing how collected information... Continue Reading Posted at 10:43 AM \| Permalink \| Comments
	Grapeflix Linda Chan January 21, 2007 Surprising to see Remi DuFour, graduate of Haas School of Business, UC Berkeley, and formerly of Pacific Gas & Electric Co., move into the start up and high tech world with Grapeflix. DuFour is the founder and CEO of Grapeflix. ... Continue Reading Posted at 10:29 AM \| Permalink \| Comments
	Court Filings Part II Linda Chan January 21, 2007 The following is not meant to be legal advice. For the attorney who might need to make court filings, he/she should be aware that some hearings require newspaper notifications. For example, for the petition of administrator, the attorney may need to... Continue Reading Posted at 10:24 AM \| Permalink \| Comments
Jan20	Court Filings Part I Linda Chan January 20, 2007 The following is not meant to be legal advice. For the attorney who might need to make court filings, he/she should be aware of how many copies he/she needs to take with him. Usually the court keeps the originals. Sometimes,... Continue Reading Posted at 10:22 AM \| Permalink \| Comments
Jan19	Wills Linda Chan January 19, 2007 The following is not meant to be legal advice, and may be outdated research.Sometimes an attorney may be involved in wills. Here are some guidelines when dealing with probate issues. When executing a will, after the witnesses sign the will,... Continue Reading Posted at 8:21 PM \| Permalink \| Comments
	Executing a Will Part II Linda Chan January 19, 2007 The following is not meant to be legal advice, and may be outdated research. Sometimes an attorney may be involved in executing a will. Here are some guidelines for such situations on the witnesses. Before witnesses sign, make sure the... Continue Reading Posted at 8:19 PM \| Permalink \| Comments
	MedImmune v. Genentech Part I Linda Chan January 19, 2007 The following is not meant to be legal advice, and is provided for information only. In MedImmune v. Genentech, the Supreme Court allows licensees to challenge a licensed patent. A patent licensee does not need to breach its license agreement... Continue Reading Posted at 8:15 PM \| Permalink \| Comments
Jan18	Substantive Unconsionability Linda Chan January 18, 2007 The following is not meant to be legal advice.In Konig v. U-Haul Company of California, the California Court of Appeal in Los Angeles applied the California Supreme Court’s decision in Discover Bank v. Superior Court, 36 Cal. 4th 148 (2005). ... Continue Reading Posted at 9:43 PM \| Permalink \| Comments
	Executing a Will Part I Linda Chan January 18, 2007 The following is not meant to be legal advice, and may be outdated research. Sometimes an attorney may be involved in executing a will. Here are some guidelines for such situations. First, ask the client to read the will to... Continue Reading Posted at 8:16 PM \| Permalink \| Comments
	Trustee and Breach of Contract Part III Linda Chan January 18, 2007 The following is not meant to be legal advice and may be outdated research. When a trustee acts in good faith for the benefit of the trust, he is entitled to indemnify himself for his engagements out of the estate... Continue Reading Posted at 8:14 PM \| Permalink \| Comments
	Waiver Of Right To Jury Trial Linda Chan January 18, 2007 This is not meant to be legal advice, and this research may be outdated. In California, some litigators advise that binding arbitration and waivers of jury trial are generally fine in agreements between companies at arm's length. One issue has... Continue Reading Posted at 8:08 PM \| Permalink \| Comments
Jan17	Konig v. U-Haul Company of California Linda Chan January 17, 2007 The following is not meant to be legal advice. In 2005, plaintiff in Konig v. U-Haul Company of California filed a proposed class action against U-Haul for unpaid wages and unfair business practices, alleging that U-Haul failed to pay employees for... Continue Reading Posted at 11:41 PM \| Permalink \| Comments
	Web 2007 Part I Linda Chan January 17, 2007 Offices of Fenwick & West, LLP in Mountain View, CA was the venue for a Web 2007 discussion with panelists Jason Hoffman, Anil Dash, Evelyn Rodriguez, Chad Dickerson on January 9, 2007. Hoffman moderated. He is CTO of Joyent/TextDrive, a... Continue Reading Posted at 9:34 PM \| Permalink \| Comments
	Trustee and Breach of Contract Part II Linda Chan January 17, 2007 The following is not meant to be legal advice and may be outdated research. When a trustee executes a contract, the only legal person recognized by the court of law is the trustee as an individual, and not in his... Continue Reading Posted at 8:12 PM \| Permalink \| Comments
	Trustee and Breach of Contract Part I Linda Chan January 17, 2007 The following is not meant to be legal advice and may be outdated research. The United States Supreme Court has held that a trustee is not an agent. Taylor v. Mayo, 110 U.S. 330 (1884). A trustee is a person... Continue Reading Posted at 8:10 PM \| Permalink \| Comments
Jan16	Proxy Statement Linda Chan January 16, 2007 The following is not meant to be legal advice, and is provided for information only. On January 9, 2007, Wilson Sonsini Goodrich & Rosati, PC gave a talk in Palo Alto, CA on tips to keep in mind when preparing... Continue Reading Posted at 11:58 PM \| Permalink \| Comments
	Year-End and Quarterly Reporting Linda Chan January 16, 2007 The following is not meant to be legal advice, and is provided for information only. On January 9, 2007, Wilson Sonsini Goodrich & Rosati, PC gave a talk in Palo Alto, CA on the different types of financial filings for... Continue Reading Posted at 11:57 PM \| Permalink \| Comments
	High Tech Investment Trends 2007 Linda Chan January 16, 2007 In a recent high tech forum in Silicon Valley, CA, speakers Marc Burch, Steve Bennet of Sand Hill Angels, Clifford Tong of Keiretsu Forum, Ben Wan, and Ron Weissman of Band Of Angels and moderators Steve Bengston from PriceWaterhouseCoopers and... Continue Reading Posted at 9:55 PM \| Permalink \| Comments
	News Items About The Medimmune v. Genentech Decision Linda Chan January 16, 2007 The LES-Greater Washington, DC chapter is pleased to present the following luncheon presentation: Date: January 17, 2007 Time: 12:00 - 1:30 p.m Speaker: Harold Wegner, Foley & Lardner LLP Topic: Patent Challenges after MedImmune and KSR, Implications for Practice ... Continue Reading Posted at 8:14 PM \| Permalink \| Comments
	Trier of Fact Cannot Make Findings Contrary to Uncontroverted Expert Testimony Linda Chan January 16, 2007 The following is not meant to be legal advice and may be outdated research.In People v. Drew (1978) 22 Cal. 3d 333, the court stated that jurors are not automatically required to render a verdict which conforms to expert opinion,... Continue Reading Posted at 8:09 PM \| Permalink \| Comments
Jan15	Primary Duty vs. Primarily Engaged Part II Linda Chan January 15, 2007 The following is not meant to be legal advice and is provided for information purposes.Continuing on the topic of what the difference is between “primary duty” and “primarily engaged” when studying wage and hour laws in California, under the federal... Continue Reading Posted at 10:43 PM \| Permalink \| Comments
	Disclosure of Share-Based Executive Compensation Linda Chan January 15, 2007 The following is not to be considered legal advice, and is provided for information only. The Securities Exchange Commission (SEC) issued an amendment of its Executive Compensation Disclosure Rules (adopted in July 2006). These rule changes are "interim final rules"... Continue Reading Posted at 8:35 PM \| Permalink \| Comments
	SEC Adopts FAS 123R Practice Linda Chan January 15, 2007 The following is not to be considered legal advice, and is provided for information only.The Securities Exchange Commission (SEC) issued an amendment of its Executive Compensation Disclosure Rules (adopted in July 2006). The SEC has made these interim final rules... Continue Reading Posted at 8:33 PM \| Permalink \| Comments
	Judgment Notwithstanding the Verdict Linda Chan January 15, 2007 The following is not meant to be legal advice and may be outdated research. Judgment notwithstanding the verdict (JNOV) is proper only when no substantial evidence and no reasonable inference therefrom support the jury’s verdict. In Hauter v. Zogarts... Continue Reading Posted at 8:08 PM \| Permalink \| Comments
Jan14	Federal Overtime and Compensatory Time Laws Linda Chan January 14, 2007 The following is not meant to be legal advice and is provided for information purposes. Here is an outline on federal laws relating to overtime and compensatory time: I. Overtime (OT) Pay A. Due to non-exempt employees. B. Calculated at time and ½... Continue Reading Posted at 10:45 PM \| Permalink \| Comments
	Primary Duty vs. Primarily Engaged Part I Linda Chan January 14, 2007 The following is not meant to be legal advice and is provided for information purposes.Ever wonder what the difference is between the federal and California laws on wage and hour? According to the federal law, the tests for exemptions are... Continue Reading Posted at 10:40 PM \| Permalink \| Comments
	Trier of Fact Can Make Findings Contrary to Uncontroverted Expert Testimony Linda Chan January 14, 2007 The following is not meant to be legal advice and may be outdated research.In People v. Green (1984) 163 Cal. App. 3d 239, the court states that expert testimony, even if uncontroverted, is not binding on the trier of fact,... Continue Reading Posted at 10:06 AM \| Permalink \| Comments
Jan13	Conflict of Interest Part II Linda Chan January 13, 2007 The following is not meant to be legal advice and may be outdated research. According to People v. Bonin (1989) 47 Cal. 3d 808, 835, conflicts of interest broadly cover circumstances where an attorney’s loyalty, or efforts on behalf of,... Continue Reading Posted at 10:05 AM \| Permalink \| Comments
Jan12	Conflict of Interest Part I Linda Chan January 12, 2007 The following is not meant to be legal advice and may be outdated research. Would there be a conflict of interest if the public defender’s office represented, on appeal, a defendant who was represented below by counsel who presently represents,... Continue Reading Posted at 8:03 PM \| Permalink \| Comments
	Incorporation Service (Paralegal-Plus.com) Linda Chan January 12, 2007 Sponsored Review Incorporation Service (Paralegal-Plus.com) agreed to pay Know More Media for me to review Incorporation Service (Paralegal-Plus.com) and discuss how entrepreneurs starting new enterprises or legal professionals might use its services. I accepted because I thought my audience might be... Continue Reading Posted at 2:47 AM \| Permalink \| Comments
Jan11	New York Minimum Wage Increases 2007 Linda Chan January 11, 2007 This is not meant to be legal advice, and is provided for information purposes only. On January 1, 2007, General Industry Minimum Wage Act provides the following increases to the New York state minimum wage and the minimum salary to be... Continue Reading Posted at 9:57 PM \| Permalink \| Comments
	Erin Brokovitch Part III Linda Chan January 11, 2007 Though Brokovitch begins in administration, her research in the Pacific Gas & Electric Co. case, takes her to off site areas. Brokovitch later works late into the nights gathering client participation. She learns each person’s phone number, history, medical problems,... Continue Reading Posted at 8:01 PM \| Permalink \| Comments
Jan10	Erin Brokovitch Part II Linda Chan January 10, 2007 Brokovitch works at the law firm of her former attorney in administration. She starts by putting files together, and comes across a pro bono real estate case involving Pacific Gas & Electric Co. Her enthusiasm for the case, leads her... Continue Reading Posted at 7:59 PM \| Permalink \| Comments
	Erin Brokovitch Part I Linda Chan January 10, 2007 The movie “Erin Brokovitch” starring Julia Roberts illustrates how people’s lives do not always need to be stuck in the place they are at in the present. Though the movie and the real life Erin Brokovitch are now well known,... Continue Reading Posted at 7:57 PM \| Permalink \| Comments
Jan 9	Washingtonienne Linda Chan January 9, 2007 The San Francisco Chronicle reported on December 28, 2006 on Robert Steinbuch’s lawsuit against his former girlfriend, Jessica Cutler. Cutler had a web log known as Washingtonienne. ... Continue Reading Posted at 7:55 PM \| Permalink \| Comments
Jan 8	Neisendorf v. Levi Strauss & Co. Linda Chan January 8, 2007 The following is not meant to be legal advice. In Neisendorf v. Levi Strauss & Co., 143 Cal. App. 4th 509 (2006), an employer terminated an employee following Family Medical Leave Act (FMLA)/California Family Rights Act (CFRA) leave for failure... Continue Reading Posted at 9:56 PM \| Permalink \| Comments
Jan 7	San Francisco Healthcare Linda Chan January 7, 2007 The following is not meant to be legal advice.On August 7, 2006, San Francisco Mayor Gavin Newson signed an ordinance creating health care access to uninsured city residents. The ordinance becomes effective July 2007. The ordinance applies to for-profit employers... Continue Reading Posted at 4:48 PM \| Permalink \| Comments
	Delfino v.Agilent Technologies Inc. Linda Chan January 7, 2007 The following is not meant to be legal advice. In Delfino v.Agilent Technologies Inc., No. H028993 (Cal. App. Dec. 14, 2006), a California Court of Appeal held that under the federal Communications Decency Act of 1996, companies who permit employees... Continue Reading Posted at 4:46 PM \| Permalink \| Comments
	Robert Stamps v. Superior Court Linda Chan January 7, 2007 The following is not meant to be legal advice. In Robert Stamps v. Superior Court, 136 Cal. App. 4th 1441 (2006), a California Court of Appeal held that an employee alleging wrongful termination and employment discrimination may raise a separate... Continue Reading Posted at 4:42 PM \| Permalink \| Comments
	Brobeck, Pleger & Harrison LLP Linda Chan January 7, 2007 Brobeck, Pleger & Harrison LLP (Brobeck) was a well known law firm in Silicon Valley during the Internet boom in the 1990s. There was a big building that could be seen when driving down the 101 freeway. They had tons... Continue Reading Posted at 11:44 AM \| Permalink \| Comments
Jan 5	McNulty Memorandum Category II Information Linda Chan January 5, 2007 The following is not meant to be legal advice. Deputy Attorney General McNulty of the Department of Justice (DOJ), reiterates the policy statements of the Thompson Memorandum in the McNulty Memorandum. The McNulty Memorandum directs prosecutors to seek the "least... Continue Reading Posted at 8:29 PM \| Permalink \| Comments
Jan 4	California Minimum Wage Linda Chan January 4, 2007 The following is not meant to be legal advice. The California legislature passed a two-step increase in California’s minimum wage. Effective January 1, 2007, the minimum wage in California will increase from $6.75 to $7.50 per hour. On January 1,... Continue Reading Posted at 9:53 PM \| Permalink \| Comments
	Burlison v. McDonald’s Corporation Linda Chan January 4, 2007 The following is not meant to be legal advice. In Burlison v. McDonald’s Corporation, 455 F.3d 1242 (11th Cir. 2006), the Eleventh Circuit Court of Appeals held that the age statistics to be provided with releases of age discrimination claims... Continue Reading Posted at 9:50 PM \| Permalink \| Comments
	Employment Posters Linda Chan January 4, 2007 The following is not meant to be legal advice. Those working in employment law might be aware that businesses are required to post various notices and posters at job sites notifying employees of minimum wage, pay day notice, workers’ compensation,... Continue Reading Posted at 9:27 PM \| Permalink \| Comments
	In re Initial Public Offering Securities Litigation, No. 05-3349 Linda Chan January 4, 2007 The following is not meant to be legal advice. On December 5, 2006 the Second Circuit, in In re Initial Public Offering Securities Litigation, No. 05-3349, limited the ability of plaintiffs to certify class actions in large, complex cases, such... Continue Reading Posted at 9:00 PM \| Permalink \| Comments
Jan 2	McNulty Memorandum on Shielding Culpable Employees and Agents Linda Chan January 2, 2007 The following is not meant to be legal advice. Indemnification and advancement in the McNulty Memorandum is discussed under the heading "Shielding Culpable Employees and Agents." A company's "promise of support to culpable employees" by retaining them without sanction for... Continue Reading Posted at 8:50 PM \| Permalink \| Comments
Jan 1	Department Of Justice (DOJ) Revises Policy on Attorney-Client Privilege Linda Chan January 1, 2007 The following is not meant to be legal advice. On December 12, 2006, the Department of Justice (DOJ) announced new guidelines for federal prosecutors to follow in charging business organizations. The guidelines change the circumstances under which the government may... Continue Reading Posted at 10:13 AM \| Permalink \| Comments

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