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Apr30
Antitrust Enforcement and Intellectual Property Rights: Promoting Innovation and Competition

The following is not meant to be legal advice.

 

The Federal Trade Commission and the Department of Justice on April 17, 2007 issued a joint report entitled "Antitrust Enforcement and Intellectual Property Rights: Promoting Innovation and Competition."

 

 

The report discusses the agencies' competition views with respect to intellectual property, including refusals to license patents, intellectual property licensing, collaborative standard setting, patent pooling, the tying of intellectual property rights.

 

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Apr29
John Paul Murphy v. Kenneth Cole Productions, Inc.
The following is not meant to be legal advice. On April 16, 2007, the California Supreme Court in John Paul Murphy v. Kenneth Cole Productions, Inc., ruled that an employee will have up to three years to bring a claim arising... Continue Reading
Spy Act Background
The following is not meant to be legal advice.  Representatives Edolphus Towns (D-NY) and Mary Bono (R-CA) introduced H.R. 964, the “Securely Protect Yourself Against Cyber Trespass Act (the Spy Act)” on February 8, 2007. The Spy Act would be... Continue Reading
Apr28
Thyroff v. Nationwide Mutual Insurance Co.
The following is not meant to be legal advice.  On March 22, 2007, the New York Court of Appeals applied the common-law doctrine of conversion to theft of electronic documents in Thyroff v. Nationwide Mutual Insurance Co. The Court wrote... Continue Reading
Apr27
Hardship Distributions
The following is not meant to be legal advice.  For those working to handle a company’s 401(k), they may know that the Internal Revenue Service (IRS), issued regulations regarding the events that can qualify for a hardship distribution from a... Continue Reading
Stock Rights
The following is not meant to be legal advice.  On April 10, 2007, the Internal Revenue Service (IRS) issued final regulations discussing stock rights under Section 409A of the Internal Revenue Code. Section 409A was added to the Internal Revenue... Continue Reading
Apr26
Section 409A
The following is not meant to be legal advice.  On April 10, 2007, the U.S. Treasury and Internal Revenue Service (IRS) issued its final regulations under Section 409A. Section 409A was enacted in October 2004 as part of the American Jobs... Continue Reading
Washington Employment Law on Credit Reports
The following is not meant to be legal advice.On April 18, 2007, a new law in Washington was signed.  This law will go into effect on July 22, 2007. The law restricted an employer from using credit reports unless the... Continue Reading
Apr25
In re CNET Networks, Inc. Shareholder Derivative Litigation, No. 3:06-cv-03817
The following is not meant to be legal advice.  In In re CNET Networks, Inc. Shareholder Derivative Litigation, No. 3:06-cv-03817 (N.D. Cal. April 11, 2007), Judge William Alsup dismissed a shareholder derivative complaint against officers and directors of CNET Networks,... Continue Reading
Apr24
Deferred Compensation
The following is not meant to be legal advice.  On April 10, 2007 the Internal Revenue Service (IRS) issued its anticipated final regulations on deferred compensation arrangements under §409A of the Internal Revenue Code.   Deferred compensation arrangements that may... Continue Reading
The Business Bankruptcy Blog
For those looking for a resource on bankruptcy laws, they may want to try Cooley Godward Kronish bankruptcy blog.  The user can subscribe by email, RSS, or by copying and pasting the following URL into a feedreader. For those who... Continue Reading
New York Stock Exchange
The following is not meant to be legal advice.  Why should attorneys be interested in the New York Stock Exchange (NYSE)?  The NYSE was one of the biggest movers Monday, April 23, 2007 on Yahoo!’s Buzz topic list.  Why would... Continue Reading
Apr23
Health Plan HIPAA Privacy
The following is not meant to be legal advice. Under the Health Insurance Portability and Accountability Act (HIPAA), health plan sponsors have an obligation to remind participants about their HIPAA privacy rights at least once every three years. The reminder deadline... Continue Reading
Apr22
SanDisk v. STMicroelectronics, Inc.
The Federal Circuit has made a change in the law regarding declaratory judgment jurisdiction in SanDisk v. STMicroelectronics, Inc., et al., No. 05-1300, March 26, 2007.  STMicroelectronics patents were allegedly infringed by various SanDisk products. SanDisk sought a declaratory judgment of... Continue Reading
Apr17
Antitrust Modernization Commission
The following is not meant to be legal advice.  The Antitrust Modernization Commission, created pursuant to the Antitrust Modernization Act of 2002, issued a report on April 2, 2007 that proposes no changes to the substantive statutory provisions of Sections... Continue Reading
Final Regulations on Section 409A
The following is not meant to be legal advice. On April 10, 2007, the Internal Revenue Service (IRS) issued final regulations under Section 409A of the Internal Revenue Code of 1986. Up to December 31, 2007, taxpayers may continue to rely... Continue Reading
Apr16
Strategic Leasing
The following is not meant to be legal advice.  For the tenant, strategic leasing means assessing the current situation and determining geographic preference, operational efficiencies, timing issues, economic impact, image considerations.  The transaction team for a lease negotiation includes the... Continue Reading
Apr15
D & O Liability
The following is not meant to be legal advice.  On March 30, 2007, Pillsbury Winthrop Shaw Pittman, LLP sponsored a training on directors and officers liability.  The training discussed indemnification concerns.  Indemnification involves paying for court costs and defenses.  If... Continue Reading
Information Technology Practices
The following is not meant to be legal advice.  On March 30, 2007, Fish & Neave sponsored a training on information technology practices in federal court.  The firm also gave away orange fish squeezies.  The speakers discussed the case of... Continue Reading
Apr14
Consumer Class Actions
On March 30, 2007, Morgan Lewis gave a training in Burlingame, CA on hot topics in consumer class actions.  The talk began with a definition on consumer class action, and went through arbitration clauses and related waivers.  Waivers may be... Continue Reading
Framing and Linking
The following is not meant to be legal advice.  Back in the days, attorneys advised on whether framing and linking were considered intellectual property infringement.  Some noteworthy cases were Washington Post vs. Total News, where there was claimed misappropriation, and... Continue Reading
Apr13
Absenteeism
The following is not meant to be legal advice.  On March 30, 2007, Nixon Peabody presented a training on employment leave laws.  The California Family Rights Act is similar to the FMLA.  However, California law applies leave to domestic partners. ... Continue Reading
Reexamination of Patents
The following is not meant to be legal advice.  On March 30, 2007, DLA Piper presented a training on the reexamination of patents during the course of litigation.  In the talk, the presenters stated that litigants are using reexamination procedures... Continue Reading
Apr12
Relevant Cases in Open Source Licensing
The following is not meant to be legal advice.    On Ahsan A. Shaikh, associate at McDermott Will & Emery spoke about relevant cases in open source licensing on March 30, 2007 in Burlingame, CA.  He discussed the case of... Continue Reading
Apr11
What is a sandbox?
The following is not meant to be legal advice.  For attorneys attending meetings with developers, they may hear the term “sandbox”.  What is a sandbox?  ``Sandbox'' is a security term, and may mean a variety of things.  A sandbox may... Continue Reading
Open Source Software License Agreements
The following is not meant to be legal advice.    Michael Plumleigh, General Counsel, Critical Path, Inc. spoke to in house attorneys on March 30, 2007 about open source software license agreements.  Besides the GPL, there are other forms of... Continue Reading
Free Software
The following is not meant to be legal advice.  On March 30, 2007, McDermott Will & Emery sponsored a training on free software in Burlingame, CA.  Software is considered intellectual property.  Typical software licenses do not make source code available... Continue Reading
Apr 9
Ethical Dilemmas
The following is not meant to be legal advice.On March 30, 2007, Nossaman Guthner Knox & Elliott LLP presented to in house attorneys in Burlingame, CA on the subject of Sarbanes-Oxley and ethical dilemmas.  The in house attorneys were advised... Continue Reading
Apr 8
Corporate Legal Ethics
The following is not meant to be legal advice.  On March 30, 2007, Thomas W. Kintner, Senior Corporate Counsel, Cisco Systems was a speaker in Burlingame, CA on corporate legal ethics.  The general counsel of a company should control the... Continue Reading
Trademarks and Domain Names
The following is not meant to be legal advice.  On March 30, 2007, Eric J. Sinrod, a partner at Duane Morris, was in Burlingame, CA to provide training to in house attorneys.  Sinrod is the author of articles on domain... Continue Reading
Business Ethics
The following is not meant to be legal advice.  On March 30, 2007, Elizabeth R. Monnet, Of Counsel at Squire, Sanders & Dempsey, participated in a training on business ethics.  If an officer insisted on doing something wrong, an attorney... Continue Reading
Apr 7
India Fringe Benefits Tax 2007-2008
The following is not meant to be legal advice.   India’s 2007-2008 budget, effective as of April 1, 2007, contains a proposal to assess a "fringe benefits tax" (FBT) on employers for stock options granted to employees in India.  In light... Continue Reading
Incorporation
The following is not meant to be legal advice.  Incorporation is the process of creating a legal entity under authority granted by a state or the District of Columbia. Many entities seek incorporation in Delaware because of the speed in... Continue Reading
Ethics Lapses
The following is not meant to be legal advice.  On March 30, 2007, Nicholas Unkovic, Managing Partner, Squire Sanders & Dempsey moderated a training on ethics lapses.  The training discussed how it was not possible to do a UWC for... Continue Reading
Backdating
The following is not meant to be legal advice.  On March 30, 2007, Gregory Coplans of Hitachi Data Systems was a speaker in Burlingame, CA on the topic of corporate legal ethics issues surrounding backdating.  Internal controls focused by Sarbanes... Continue Reading
Apr 6
Modern Corporate Ethics
The following is not meant to be legal advice.  On March 30, 2007, Squire Sanders sponsored a continuing education training on ethics in Burlingame, CA.  The training dispensed a list of articles and cases on the obligations of attorneys in... Continue Reading
Federal Contract Compliance Programs
The Office of Federal Contract Compliance Programs (OFCCP) in 2006 collected $51,525,235 for 15,273 victims.   On March 13, 2007, the OFCCP released, for Fiscal Year 2007, a round of compliance evaluation notification letters to federal contractors. The OFCCP’s initial list... Continue Reading
Apr 5
Defense Counsel
The following is not meant to be legal advice.  On March 30, 2007, Farella Braun Martel LLP presented a training on how to manage defense counsel during litigation.    The training emphasized notifying the insurance carrier as soon as a... Continue Reading
Rule 10b5-1
The following is not meant to be legal advice.The Securities Exchange Commission (SEC) promulgated Rule 10b5-1 to allow an insider to trade when he/she is not truly engaged in manipulating the market.  Rule 10b5- provides an affirmative defense to claims... Continue Reading
Apr 4
Why Have a 10b5-1 Trading Plan?
The following is not meant to be legal advice.  Insiders often hold large amounts of stock in their own companies that their personal investment portfolios are inadequately diversified. Like other employees, insiders are people first, and may justifiably want to... Continue Reading
Apr 3
Implementing 10b5-1 Plans
The following is not meant to be legal advice.  To better protect against securities lawsuits, companies might consider having 10b5-1 plans administered by a broker who is not the insider’s broker for the insider’s other securities.  Some companies go further... Continue Reading
Apr 2
Judgment
Laura Stevens, an employment attorney in East Bay, Northern California, gave an interesting talk in San Francisco, CA on perceptions in early March 2007.  The My Employment Lawyer Blog also posted information on the same subject in a question and... Continue Reading
Tellabs, Inc. et al. v. Makor Issues & Rights, Ltd., et al.
The following is not meant to be legal advice.  On March 28, 2007, the United States Supreme Court heard oral argument in Tellabs, Inc., et al. v. Makor Issues & Rights, Ltd., et al.  A decision is expected by the... Continue Reading
Apr 1
Fringe Benefit Tax in India
The following is not meant to be legal advice. For stock options that have already been granted to persons in India it seems likely for the employer to encourage these individuals affected by a new proposed 35% fringe benefit tax likely... Continue Reading

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