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Jun30
China Export Controls

The following is not meant to be legal advice.

 

On June 19, 2007, the Department of Commerce's Bureau of Industry and Security published its rule imposing controls on exports, reexports, and transfers of U.S.-origin goods, software, and technology to China.

 

The rule affects U.S. companies that: have a subsidiary operating in China; export their items to China; are engaged in Chinese joint ventures; or finance, or otherwise support, transactions in China.

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Jun30
Directors Desk
The Nasdaq Stock Market, Inc. has entered into a definitive agreement to acquire Directors Desk.  Directors Desk is a privately held, Spokane, WA firm specializing in online workflow management tools for board members.    This acquisition is said to offer... Continue Reading
New California Laws
The following is not meant to be legal advice, and thorough research has not been made on the topic.  For those who want to read more on this topic, they should check out the DMV web site.For those attorneys who... Continue Reading
Jun29
Leegin Creative Leather Products, Inc. v. PSKS, Inc., No. 06-480
The following is not meant to be legal advice.  On June 28, 2007, the Supreme Court issued its decision in Leegin Creative Leather Products, Inc. v. PSKS, Inc., No. 06-480, addressing antitrust analysis of resale price maintenance under Section 1... Continue Reading
Internet Taxes
  The following is not meant to be legal advice.  In the press there is much about Internet taxes with some states looking for revenue from online businesses.  Internet taxes come in two forms:  access taxes and online sales tax. ... Continue Reading
Jun28
Alternative Compensation
The following is not meant to be legal advice.Alternative methods of compensation, compensation that is not salary, should be reviewed in order to comply with final regulations for Section 409A.  Much press has already been written about Internal Revenue Code... Continue Reading
Harassment in the Workplace
The following is not meant to be legal advice. Harassment is not limited to sexual harassment.  Statements or actions that ridicule someone because of race, ancestry, color, religion, gender, sexual orientation, marital status, national origin, age, disability, citizenship, veteran status, military... Continue Reading
Jun27
Quill v North Dakota
The following is not meant to be legal advice.The U.S. Supreme Court in Quill v North Dakota held that a company must have a physical presence in a taxing state in order for the state to be able to impose... Continue Reading
Foreign Corrupt Practices Act – Private Equity
The following is not meant to be legal advice.  On June 22, 2007, an arrest was made in a Foreign Corrupt Practices Act (FCPA) case that involved a private equity investment firm. Leo Winston Smith, formerly of Pacific Consolidated Industries... Continue Reading
Jun26
Research on Insider Trading
The following is not meant to be legal advice.Those attorneys familiar with Section 16(b) with all the Form 3, 4, or 5 filings with the SEC may also be familiar with Section 10b-5 and Rule 10b-5 when advising officers and... Continue Reading
IRS Notice 2007-49
The following is not meant to be legal advice.  On June 4, 2007, the Internal Revenue Service (IRS) issued Notice 2007-49.  IRS Notice 2007-49 changes the group of executive officers for Section 162(m) of the Internal Revenue Code (IRC).... Continue Reading
Jun25
Research on Section 16(b)
The following is not meant to be legal advice.  Some concepts learned in law school actually come up often when working in house.  Take for example, laws on insider trading.  All the study for the bar exam on Section 16(b)... Continue Reading
Software Patents
The following is not meant to be legal advice.  According to Mark Webbink, Deputy General Counsel at Red Hat, the 10 largest software patent holders in the United States are:  IBM, Hewlett-Packard, Hitachi, Intel Corporation, Microsoft Corporation, Fujitsu, Sony Corporation,... Continue Reading
Jun24
California Public Utilities Commission
The following is not meant to be legal advice.  Since January 1, 2007, California Solar Initiative (CSI) incentive recipients have been required to take service under existing time-of-use (TOU) rate schedules.  Solar installers who rely on CSI incentive payments to... Continue Reading
Ryan v. Gifford
The following is not meant to be legal advice.  In Ryan v. Gifford (C.A. 2213-N, Feb. 6, 2007), the court refused to dismiss a shareholder suit.  Stock option grant practices are subject of heightened scrutiny by the courts. The suit... Continue Reading
IP Year in Review
The 2006-2007 IP Inn of Court Term came to an end on June 20, 2007 with the case study of Supreme Court cases relating to eBay, Microsoft, and KSR.  The meeting involved a debate between panelists James Chadwick of Sheppard... Continue Reading
Jun23
Equal Employment Opportunity Policy
The following is not meant to be legal advice.  A company that is committed to providing and promoting equal opportunity for all employees and applicants might consider writing up a policy on the subject.    The policy might indicate that... Continue Reading
WIPO Arbitration and Mediation Center
The World Intellectual Property Organization (WIPO) publishes a guide to WIPO arbitration.  The attorney who deals with many international issues may want to read up on WIPo rules.  WIPO arbitration has been used often in intellectual property disputes.  The attorney... Continue Reading
Jun22
In re The Topps Company Shareholders Litigation
In the sale of public companies to private equity purchasers, the Delaware Chancery Court has upheld the validity of board decisions to forego a public auction or pre-agreement market check. The Court has stated that post-agreement "go-shop" provisions are appropriate.... Continue Reading
Compliance with Section 409A
The following is not meant to be legal advice. Treasury Department and the Internal Revenue Service (IRS) final regulations under Internal Revenue Code Section 409A (Section 409A), go into effect January 1, 2008. December 31, 2007 remains the deadline for employers... Continue Reading
Tellabs, Inc. v. Makor Issues & Rights, Ltd.
The following is not meant to be legal advice. On June 21, 2007, the US Supreme Court in Tellabs, Inc. v. Makor Issues & Rights, Ltd., resolved the interpretation of the scienter pleading standard set forth in the Private Securities Litigation... Continue Reading
Employee Free Choice Act
The following is not meant to be legal advice.  The Employee Free Choice Act (EFCA), reintroduced in the House of Representatives on February 5, 2007, passed the House and completed its first round of Senate hearings.   EFCA has a... Continue Reading
Jun21
Religion in the Workplace
The following is not meant to be legal advice.    On June 7, 2007, Seyfarth Shaw, LLP hosted a breakfast briefing on religion in the workplace.    Dana L. Peterson, a partner at Seyfath Shaw, LLP began with statistics on... Continue Reading
Jun20
Employee Stock Ownership Plans
The following is not meant to be legal advice.  What are employee stock ownership plans (“ESOPS”)?  They are tax-qualified retirement plans that must satisfy qualification requirements set forth in the U.S. Internal Revenue Code of 1986.  There are requirements on... Continue Reading
Polar Rose
Polar Rose, a facial recognition search engine, is in beta now, soon to launch what many may deem to be an invasion of privacy.  It is a tagging system for photos found on the web.  Knowing that there is a... Continue Reading
AARP v EEOC
The following is not meant to be legal advice.  On June 4, 2007, in American Association of Retired Persons v Equal Employment Opportunity Commission, No. 05-4594, the Federal Court of Appeals for the Third Circuit allowed the Equal Employment Opportunity... Continue Reading
Jun19
Murphy v. Kenneth Cole Productions
The following is not meant to be legal advice.  In Murphy v. Kenneth Cole Productions, the California Supreme Court increased the cost to employers of failing to provide non-exempt employees with meal and rest breaks as required by California Labor... Continue Reading
Privacy In This Digital Age
What does privacy in the digital age mean knowing Google is storing user information for two years as it indexes information for search?  This may mean that people can blog nasty comments about others, and those comments would be stored... Continue Reading
Jun18
Ledbetter v. Goodyear Tire & Rubber Co.
The following is not meant to be legal advice.  On May 29, 2007, the U.S. Supreme Court in Ledbetter v. Goodyear Tire & Rubber Co., No. 05-1074 (U.S. May 29, 2007), held that to challenge pay discrimination under Title VII,... Continue Reading
Jun17
EEOC Guidance on Care giving
The following is not meant to be legal advice.  On May 23, 2007, the Equal Employment Opportunity Commission (EEOC) issued an Enforcement Guidance on discrimination against workers with care giving responsibilities.  The Enforcement Guidance does not have the force and... Continue Reading
Jun16
Protecting Personal Information: A Guide for Business
The following is not meant to be legal advice.  The Federal Trade Commission (FTC) released "Protecting Personal Information: A Guide for Business" providing details on what the FTC considers reasonable and appropriate steps businesses should take to protect customer and... Continue Reading
Jun15
DoubleClick, Inc.
For those who are not in with the news, DoubleClick, Inc. has signed an agreement with Google, Inc. to be acquired.  The deal is being reviewed by federal antitrust regulators.  Google has hired Makan Delrahim, a former Justice Department official... Continue Reading
FeedBurner
FeedBurner is yet another acquisition by Google.  Google seems to be buying up all the major players in advertising, and it may be worrisome these days to be working in the advertising business these days because when acquisitions take place,... Continue Reading
Jun14
Google Street Views
Google made several top stories during the week ending June 1, 2007.  One story was Google Street Views.  Google has added a new feature to its map service allowing people to see the actual streets of the addresses they search... Continue Reading
Jun13
DirtLaw Blog
For those looking to understand real estate, they might check out Julia Wei’s DirtLaw Blog.  Julia Wei is a litigation associate with the Law Offices of Peter N. Brewer.  Unlike some litigation attorneys, she always seems to look composed, and... Continue Reading
Jun12
Jobs for Veterans Act
The following is not meant to be legal advice. The final rules for the Jobs for Veterans Act (JVA) is expected to be published before June 30, 2007.  There will be a shutdown of America’s Job Bank (AJB) around June 30,... Continue Reading
Jun 7
Tunney Act
The following is not meant to be legal advice.The Tunney Act was enacted in 1974 to ensure public interest in the entry of antitrust merger consent judgments.  The act required that a court make this public-interest determination.  Recent amendments to... Continue Reading
Jun 6
Image Thumbnails
The following is not meant to be legal advice.In Perfect 10 v. Google, the Court held that framing did not violate the distribution right, because distribution requires the actual dissemination of a copy.  Thumbnails are fair use.  Deemed distribution would... Continue Reading
Jun 3
Leegin Creative Leather Products v. PSKS, Inc.
The following is not meant to be legal advice.  On December 7, 2006, the Supreme Court granted certiorari in Leegin Creative Leather Products v. PSKS, Inc. Leegin Creative Leather Products (Leegin) is a family-run business that designs women’s fashion accessories.... Continue Reading
Jun 1
Perfect 10 v. Google
The following is not meant to be legal advice.  In Perfect 10 v. Google, Perfect 10 distributed copyrighted photographs of nude models through its adult website and magazine, and as downloadable cell phone wallpaper.   Perfect 10 filed suit against... Continue Reading

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