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Mar31
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The following is not meant to be legal advice. 10b5-1 trading plans are not required to be publicly disclosed when they are implemented. However, when an insider does a trade using a 10b5-1 plan, the Form 4s where the trades are reported should note that the sales are made under a 10b5-1 plan. After the 10b5-1 plans are implemented, there should be minimal modifications to a 10b5-1 trading plan. The protection of the 10b5-1 plan against securities lawsuits decreases when there are many changes to the plan once adopted. If changes are made to a plan, there should be a period of at least 30 days between the adoption of the plan modifications and the first trade made pursuant to the modified plan.
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Mar31
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The offices of Pillsbury Winthrop Shaw Pitman, LLP was the venue for a talk by Dr. Ravi Kiron, PhD, MBA on March 14, 2007. Dr. Kiron began one month ago a business called Life Tech Innovations LLC. He is the...
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The following is not meant to be legal advice. When reviewing the Form 10-Q, what are some items that the attorney should be looking out for? In the Cover Page, the attorney might check against form to make sure it...
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Mar30
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The following is not legal advice. Gay Grunfeld spoke in San Francisco on March 10, 2007 about mediation and employment issues. Employment disputes occur when the evaluation system of employees is too polite. Carly Fiorina is said to have hit this...
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For attorneys interested in privacy, they might be interested in reading up on Political and Economic Research Council (PERC). The research objectives of PERC are to generate a consumer-centric policy study that develops economic measures of the impact of the...
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The following is not meant to be legal advice. Though 10b5-1 plans are not required to be disclosed on Form 8-K by the Securities and Exchange Commission (SEC), some companies may start to disclose the implementation of 10b5-1 trading plans...
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Mar29
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This is not meant to be legal advice. In the US, it is common to hire a focus group to do a mock trial prior to actually having a trial on a case. This is practice to see the jury...
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The following is not meant to be legal advice. The Internal Revenue Service (IRS) stated it will not allow a deduction on advertising income from online software. Though, such income from traditionally purchased or downloaded software qualify under the new rules....
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The following is not meant to be legal advice. Stanford University School of Business Professor Alan Jagolinzer raises issues on the higher returns enjoyed by 10b5-1 trading plan participants. The higher returns may be related to the timing of 10b5-1...
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Mar28
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The following is not meant to be legal advice. In In re Netsmart Technologies, Inc., Shareholders Lit., management presented the board with three options: remain independent, strategic sale, or sell to a private equity firm. The court found that the presentation...
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The following is not meant to be legal advice. Public agencies such as the EEOC are not limited by the existence of an arbitration agreement between the employee and employer. In EEOC vs. Waffle House, the Equal Employment Opportunity Commission (EEOC) filed...
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The following is not meant to be legal advice. The SEC promulgated Rule 10b5-1. 10b5-1 trading plans may afford protection to defendants in securities class action lawsuits. In the typical allegations raised in a shareholder class action law suit, the...
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Mar27
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The following is not meant to be legal advice. The ability of an employer to require employees to submit claims to final and binding arbitration in lieu of exercising statutory rights to litigate changes the balance of power between labor and...
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The following is not meant to be legal advice. The Internal Revenue Service (IRS) on March 19, 2007 stated that software companies will not be able to get the domestic manufacturing deduction for income from advertising or maintenance agreements associated...
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The following is not meant to be legal advice. On March 14, 2007, the Delaware Chancery Court issued an opinion in In re Netsmart Technologies, Inc., Shareholders Lit. addressing matters that a board of directors should consider when selling the...
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Mar26
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The following is not meant to be legal advice. In Alberigi v. Sonoma County, Cal. Super. Ct., No. SCV-233788, 6/20/06, it was reported that plaintiff's job was to interview applicants for state health benefits, but due to panic disorder plaintiff...
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Mar25
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The following is not meant to be legal advice. Progress on protecting client's attorney-client privilege has been made with a House Judiciary Subcommittee hearing on the McNulty Memo and its impact on privilege and corporate internal investigations on March 8,...
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The following is not meant to be legal advice. For those who do not know what 10b5-1 trading plans are, they are plans that allow public company directors and officers (usually Section 16 insiders) to sell stock of the companies that...
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Mar24
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The following is not meant to be legal advice. What is an arbitration agreement? It is a written contract in which two or more parties agree to advisory arbitration. Many companies now include a clause on arbitration to settle workplace...
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The following is not meant to be legal advice. The cost of granting stock options has led to the issue of restricted stock in the United States. This new proposed law in India, extending a 35% fringe benefit tax, may lead...
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The following is not meant to be legal advice. Stanford University School of Business Professor Alan Jagolinzer raises issues on the legality of trades being made under certain 10b5-1 trading plans. Perhaps, public companies should review their 10b5-1 trading plans. ...
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Mar23
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The following is not meant to be legal advice. For those looking to do business in India, they might think twice with a new proposed law relating to compensation. The government of India proposed budget commencing April 1, 2007 includes extending the...
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The following is not meant to be legal advice. In lay terms, arbitration is the process in which one or more arbitrators hear evidence from the parties to a dispute and then issue an award that decides who gets...
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Mar22
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In New York, there is a state salary threshold of $386.25, but not a salary threshold for professionals. The federal salary and duties requirements apply in New York if the employee is covered by both state and federal law. Computer professionals in New York are exempt from state overtime law if they are exempt under the F.L.S.A.’s overtime rules according to N.Y. Labor Law, art. 19 §651. 
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The following is not meant to be legal advice. The “Spy Act” passed the full House of Representative in each of the previous two Congresses. Section 3(b)(1)(A) of the Spy Act (HR 964)would require notice and opt-in consent for any...
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Pillsbury Winthrop Shaw Pitman, LLP sponsored a meeting of the NanoBio Convergence group on March 14, 2007 in Palo Alto, CA. The founder and chair of NanoBio Convergence is Laura Mazzola, who has 12 years experience in biotechnology. The...
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Mar21
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The following is not meant to be legal advice. Under the San Francisco Paid Sick Leave Ordinance recently passed in late 2006, employees working in San Francisco may use paid sick leave when they or a member of their family...
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In November 2006, San Francisco adopted a mandatory employer paid sick leave requirement that applies to all full time, part time, and temporary employees working in the City and County of San Francisco....
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The following is not meant to be legal advice. The Directors and Officers (D & O) insurance industry has been seeing surprises in the options backdating scandal. When renewing policies this past year for 2007, many companies were questioned more...
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Mar20
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The following is not meant to be legal advice.Continuing on the basics involved in stock options to employees, the specific contract between the employee and the Company are the stock option agreements, which reflects the terms and conditions of the...
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The following is not meant to be legal advice. Does every state have the computer professionals exemption? In a review of three states, it seems that most states follow federal laws when it comes to computer professionals. In Oklahoma, there...
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Mar19
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The following is not legal advice. Gay Grunfeld spoke in San Francisco on March 10, 2007 about arbitration and litigation issues. Grunfeld graduated from Columbia University and works as litigator in San Francisco, CA. She is an associate at Rosen,...
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The following is not meant to be legal advice. In the hiring process, references may not be reliable if the person providing a reference is a personal friend of the potential employee. The attorney working with human resources on employment...
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The following is not meant to be legal advice. Stock options give employees at some companies (usually prevalent in high tech) the right to buy “Company” stock sometime in the future at the “option price”. Stock options are given to employees...
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Mar18
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The following is not legal advice. Gay Grunfeld spoke in San Francisco on March 10, 2007 about arbitration and employment issues. Grunfeld graduated from Columbia University and works as a employment litigator in San Francisco, CA. Arbitration became popular for employers leading...
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The following is not meant to be legal advice. The selecting of personnel may involve testing the candidates to ensure that they are right for the job. Tests include structured interviews, work samples, references, assessments. Job descriptions provide a...
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Mar17
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The following is not meant to be legal advice. In electronic monitoring, there is a balance between the employees’ rights to privacy and the employers’ need to prevent liability. According to some statistics, 26% of businesses have terminated employees for...
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Brian Helmick and Mike Sousa began Algentis out of the view that the status quo for most businesses is not to focus on human resources and employee administration issues. Brian Helmick is President, Sales and Marketing at Algentis. he...
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The following is not legal advice. Gay Grunfeld spoke in San Francisco on March 10, 2007 about mediation and employment issues. Grunfeld graduated from Columbia University and works as a litigator in San Francisco, CA....
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Mar16
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On Friday, March 2, 2007, Adaptive Path turned six years ago today, and hosted a party in San Francisco, CA to get everyone involved in the celebrations. For the attorney looking to meet high tech professionals, the party offered an...
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The crosscurrents of politics and personalities are themes in the press. These issues are central to the address by the Attorney General of the United States on the legal responses to terrorism. The event was held in Sacramento. The speaker...
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Mar15
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The following is not meant to be legal advice. There are various steps in the new hire process: recruiting, interview, reference checking, background check, testing. Recruitment is regulated by: Title VII, Vocational Rehabilitation Act of 1973, Age Discrimination in Employment...
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The following is not meant to be legal advice. On February 23, 2007, the California Franchise Tax Board (FTB) issued FTB Notice 2007-1. FTB Notice 2007-1 implements a Compliance Resolution Program similar to the the Internal Revenue Service (IRS) Announcement 2007-18....
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Mar14
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The following is not meant to be legal advice.Laura Stevens gave a talk in San Francisco , CA on March 3, 2007 about integration practices in the workplace. Stevens is a litigator who specializes in employment laws. Stevens owns...
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Mar13
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The following is not meant to be legal advice. \nLaura Stevens gave a talk in San Francisco\n, CA on March 3, 2007 about keeping records in employment matters.\n Stevens is a litigator who specializes in employment laws. She has litigated...
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Mar12
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The following is not meant to be legal advice.Laura Stevens gave a talk in San Francisco , CA on March 3, 2007 about investigating employee complaints. Stevens is an employment law attorney in Oakland, CA. When an employee complains,...
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Mar11
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The following is not meant to be legal advice. On January 17, 2007, the Federal Trade Commission (FTC) issued its third annual report detailing settlement activity between brand and generic firms involving patent suits. Reverse-payment or exclusion-payment settlements, where the brand...
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Mar10
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The following is not meant to be legal advice. The George Alberigi v. Sonoma County, Cal. Super. Ct. case is an example of how difficult it is to predict the outcome of litigation. The jury in the trial level awarded...
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Mar 9
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The following is not meant to be legal advice. Under the California Data Protection Act (the “Act”), California passed the first data breach notification statute. The California law requires owners, licensors, or custodians of personal information to notify data subjects when...
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Mar 8
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The following is not meant to be legal advice. Federal regulations have created an exemption for highly compensated employees. This information can be found under the FLSA. To qualify for this highly compensated exemption, an employee must earn at least...
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Mar 7
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The following is not meant to be legal advice. Diana Maier of Bushnell, Caplan, Fielding & Maier, LLP spoke on Saturday, February 24, 2007 in San Francisco, CA on sex harassment issues. Many retaliation cases in employment law relate to...
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Mar 6
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The following is not meant to be legal advice. Diana Maier of Bushnell, Caplan, Fielding & Maier, LLP spoke on Saturday, February 24, 2007 in San Francisco, CA on theories of recovery for plaintiffs who file suits based on employment...
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Mar 5
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The following is not meant to be legal advice. There are two categories of sexual harassment: “Quid Pro Quo” or Economic Harassment and “Hostile Work Environment” or Environmental Harassment. An example of what might be considered Quid Pro Quo Harassment: ...
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The following is not meant to be legal advice. Diana Maier of Bushnell, Caplan, Fielding & Maier, LLP spoke on Saturday, February 24, 2007 in San Francisco, CA on what a plaintiff’s employment attorney should look for when deciding whether...
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Mar 4
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The following is not meant to be legal advice. Despite any attempts at humor, harassment and discrimination are serious issues. Why provide training on harassment and discrimination prevention? Provide training to maintain a respectful and productive workplace. Harassment and discrimination...
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Mar 3
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The following is not meant to be legal advice. In Weyerhaeuser Co. v. Ross-Simmons Hardwood Lumber Co., Inc., the US Supreme Court discussed in its opinion, the economic similarity between predatory pricing and predatory bidding. In predatory pricing, a company reduces...
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Mar 2
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On February 20, 2007, the U.S. Supreme Court vacated and remanded a decision of the Ninth Circuit in Weyerhaeuser Co. v. Ross-Simmons Hardwood Lumber Co., Inc. Weyerhaeuser Co. v. Ross-Simmons Hardwood Lumber Co., Inc. is a case about limits on...
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Mar 1
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The following is not meant to be legal advice. The exemption for administrative employees under the FLSA includes any employee who (1) has the primary duty of performing office or non-manual work directly related to the management or general...
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