CompanyCounselor: July 2007 Archives

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Jul31	Integra LifeSciences v. Merck Part I Linda Chan July 31, 2007 Know More: Patent law 2.0, Patent law The following is not meant to be legal advice. On July 27, 2007, the Federal Circuit in Integra LifeSciences v. Merck ruled on the Supreme Court's interpretation of the patent infringement exemption set forth in 35 U.S.C. § 271(e)(1). The Federal Circuit found that all of the uses at issue qualified under the safe harbor provision of 35 U.S.C. § 271(e)(1) because they were reasonably related to research. If the research was successful, they would be appropriate to include in a submission to the FDA, though not all of the experiments resulted in information submitted to the FDA. Continue Reading Posted at 9:44 PM \| Permalink \| Comments
Jul31	FCC and Wireless Airwaives Linda Chan July 31, 2007 The following is not meant to be legal advice. This week's buzz is about the sale of the wireless airwaves, and decisions on the rules regulating this topic that the FCC is scheduled to make this week. This topic has been... Continue Reading Posted at 8:52 PM \| Permalink \| Comments
Jul30	Adobe Linda Chan July 30, 2007 Silicon Valley Web Builder hosted a meeting July 25, 2007 to cover the latest Adobe design, web, and video product lines. Adobe had giveaways such as T-shirts, laptop USB mouse. Apress gave away T-shirts and note pads. Scheduled Adobe speakers... Continue Reading Posted at 8:55 PM \| Permalink \| Comments
Jul27	Privacy Updates Linda Chan July 27, 2007 A letter was sent from Chairman Bobby Rush of the Consumer Protection Subcommittee to the Federal Trade Commission during the week of July 16, 2007. The letter requested a private briefing on the Google, Inc. – DoubleClick, Inc. merger review. ... Continue Reading Posted at 9:17 PM \| Permalink \| Comments
Jul26	IRS Industry Director Directive Linda Chan July 26, 2007 The following is not meant to be legal advice. On July 11, 2007, the IRS released an internal Industry Director Directive memorandum dated June 15, 2007 (the "Directive"). The Directive designates transactions involving backdated stock options as a Tier I... Continue Reading Posted at 11:56 PM \| Permalink \| Comments
	SEC New Rule on Proxy Materials Linda Chan July 26, 2007 The following is not meant to be legal advice. Under the new SEC rule, issuers can provide proxy materials to shareholders by posting their proxy materials and voting instructions on an established Internet website and sending a Notice, by regular mail... Continue Reading Posted at 8:36 PM \| Permalink \| Comments
Jul25	Internet Delivery of Proxy Materials Linda Chan July 25, 2007 The following is not meant to be legal advice. CFO.com reports in its recent issue that the Securities and Exchange Commission has amended its proxy rules to permit issuers to make proxy materials available to shareholders through the Internet. This... Continue Reading Posted at 8:34 PM \| Permalink \| Comments
Jul24	Minimum Wage Increase Linda Chan July 24, 2007 In the press this morning, in several newspapers, there was report on the minimum wage increase to $5.85 per hour. The minimum wage has not increased during the past decade. Previous to today, the wage rate was $5.15 per hour. ... Continue Reading Posted at 11:45 PM \| Permalink \| Comments
Jul23	VL Systems, Inc. v. Unisen, Inc. Linda Chan July 23, 2007 The following is not meant to be legal advice. The California Court of Appeals in VL Systems, Inc. v. Unisen, Inc. on June 25, 2007 found that the no-hire clause in a consulting contract between VL Systems and Star Trac... Continue Reading Posted at 11:49 PM \| Permalink \| Comments
	Taylor v. Progress Energy Inc. Linda Chan July 23, 2007 The following is not meant to be legal advice. On July 3, 2007, the Fourth Circuit Court of Appeals issued an opinion in Taylor v. Progress Energy Inc., 2007 U.S. App. LEXIS 15846 (4th Cir. July 3, 2007), holding that... Continue Reading Posted at 8:32 PM \| Permalink \| Comments
Jul22	California Court of Appeals on No-Hire Contracts Linda Chan July 22, 2007 The following is not meant to be legal advice. The California Court of Appeals in VL Systems, Inc. v. Unisen, Inc. on June 25, 2007 stopped the practice of allowing businesses to agree to refrain from hiring one another’s employees,... Continue Reading Posted at 4:44 PM \| Permalink \| Comments
Jul19	San Francisco Building Codes Linda Chan July 19, 2007 The following is not meant to be legal advice. The San Francisco Public Library may be the place to go to obtain copies of the San Francisco and California Building Codes. They are available at the Government Information Center. Online... Continue Reading Posted at 8:46 PM \| Permalink \| Comments
Jul18	Neighbor Laws Linda Chan July 18, 2007 The following is not meant to be legal advice. For the attorney practicing real property, he/she may want to read up on neighbor laws in order to assist in disputes on troublesome trees, stray cats, and traveling garbage.... Continue Reading Posted at 8:42 PM \| Permalink \| Comments
Jul17	Business Interruption Linda Chan July 17, 2007 In June 2007, Buchalter Nemer, over a seafood lunch, gave a free seminar on insurance coverage issues. On the topic of business interruption, the speaker advised to obtain property, not liability, coverage. Like other property coverage, including those in building... Continue Reading Posted at 8:41 PM \| Permalink \| Comments
Jul16	Contract Liability Linda Chan July 16, 2007 The following is not meant to be legal advice. In June 2007, Buchalter Nemer gave a free seminar in San Francisco, CA on E & O claims. Usually, an entity/person must have a contract in order to have an E... Continue Reading Posted at 8:40 PM \| Permalink \| Comments
Jul15	Insurance Policies Linda Chan July 15, 2007 The following is not meant to be legal advice. In June 2007, Buchalter Nemer gave a free seminar in Palo Alto, CA on insurance policies. The speaker advised that insurance policies were negotiable. Those purchasing insurance, might consider not only... Continue Reading Posted at 8:37 PM \| Permalink \| Comments
Jul14	Business Insurance Linda Chan July 14, 2007 The following is not meant to be legal advice. In June 2007, Buchalter Nemer gave free seminars on 3 different days at 3 different restaurants in the San Francisco Bay Area on insurance. The speaker was Steven Brower, a litigation... Continue Reading Posted at 10:35 AM \| Permalink \| Comments
Jul13	Marrita Murphy and Daniel J. Leveille v. Internal Revenue Service and United States of America Linda Chan July 13, 2007 The following is not meant to be legal advice. On August 22, 2006, the United States Court of Appeals for the District of Columbia Circuit, in Marrita Murphy and Daniel J. Leveille v. Internal Revenue Service and United States of... Continue Reading Posted at 9:23 PM \| Permalink \| Comments
	Best Practices on Electronic Data Linda Chan July 13, 2007 The following is not meant to be legal advice. Cynthia Jackson of Baker & McKenzie recently published “Plan Now for Managing Electronic Data and Avoid Tomorrow’s Legal Risks”. In the publication, she gives best practices tips. Electronic data concerns include... Continue Reading Posted at 8:31 PM \| Permalink \| Comments
	No-Hire Provisions Linda Chan July 13, 2007 The following is not meant to be legal advice. The California Court of Appeals in VL Systems, Inc. v. Unisen, Inc. on June 25, 2007 stated that there should be no more broad no-hire provisions between business parties that restricts... Continue Reading Posted at 4:46 PM \| Permalink \| Comments
Jul12	Leave Laws Linda Chan July 12, 2007 The following is not meant to be legal advice. Suppose an employee is on maternity leave, should the sales person continue to get paid her salary? What if the employee is a sales person? Should the sales person continue to... Continue Reading Posted at 9:28 PM \| Permalink \| Comments
	Electronic Data Linda Chan July 12, 2007 The following is not meant to be legal advice. Recently, Baker & McKenzie, LLP published “Plan Now for Managing Electronic Data and Avoid Tomorrow’s Legal Risks”. Cynthia Jackson, a partner, located in Palo Alto, CA, was the author. Jackson begins... Continue Reading Posted at 8:29 PM \| Permalink \| Comments
Jul11	Jangl Linda Chan July 11, 2007 Jangl was started in 2005. For those in the need of a temporary phone number for privacy reasons, Jangl allows people to obtain a free number. This type of service may be helpful for those who deal with strangers, such... Continue Reading Posted at 9:22 PM \| Permalink \| Comments
	Festo Corp. v. Shoketsu Kinzoku Kogyo Kabushiki Co. Linda Chan July 11, 2007 The following is not meant to be legal advice. On July 5, 2007, the Federal Circuit issued a decision in Festo Corp. v. Shoketsu Kinzoku Kogyo Kabushiki Co. (No. 05-1492), addressing the scope of prosecution history estoppel and its limits... Continue Reading Posted at 9:11 PM \| Permalink \| Comments
Jul10	GNU General Public License Version 3 Released Linda Chan July 10, 2007 This is not meant to be legal advice. On June 29, 2007, the Free Software Foundation (FSF) released version 3 of the GNU General Public License (GPL). After several drafts, GPL version 3 updates GPL version 2, which was around... Continue Reading Posted at 8:23 PM \| Permalink \| Comments
Jul 9	ChoicePoint Linda Chan July 9, 2007 The following is not meant to be legal advice. ChoicePoint must pay $500,000 in a settlement on May 31, 2007 with 43 states and the District of Columbia. The funds will be used for consumer education. The states and District... Continue Reading Posted at 9:04 PM \| Permalink \| Comments
Jul 7	Jobs For Veterans Act Linda Chan July 7, 2007 The following is not meant to be legal advice. The shutdown of America’s Job Bank came and went on June 30, 2007, and the OFCCP issued interim guidance to posting requirements of Jobs For Veterans Act. There is still no... Continue Reading Posted at 11:41 PM \| Permalink \| Comments
Jul 6	Dr. Miles Medical Co. v. John D. Park & Sons, 220 U.S. 373 (1911) Linda Chan July 6, 2007 The following is not meant to be legal advice. The US Supreme Court overruled the Dr. Miles Medical Co. v. John D. Park & Sons, 220 U.S. 373 (1911) decision, which held that minimum resale price agreements between a manufacturer... Continue Reading Posted at 9:58 PM \| Permalink \| Comments
	Foreseeability in Festo Corp. v. Shoketsu Kinzoku Kogyo Kabushiki Co. Linda Chan July 6, 2007 The following is not meant to be legal advice. On July 5, 2007, the Federal Circuit issued a decision in Festo Corp. v. Shoketsu Kinzoku Kogyo Kabushiki Co. (No. 05-1492), concluding that the foreseeability test does not require knowledge that... Continue Reading Posted at 9:13 PM \| Permalink \| Comments
Jul 5	Rupert Murdoch Linda Chan July 5, 2007 What is the status of Rupert Murdoch and the Wall Street Journal? It is the buzz that Murdoch is still trying to purchase the Wall Street Journal, and gain control of the Wall Street Journal’s content and distribution. What will... Continue Reading Posted at 9:54 PM \| Permalink \| Comments
	Employee Free Choice Act Linda Chan July 5, 2007 The following is not meant to be legal advice. On June 26, 2007, the Senate voted 51 to 48 on a motion to move the Employee Free Choice Act to the Senate floor for a debate on the bill. The... Continue Reading Posted at 9:04 PM \| Permalink \| Comments
Jul 4	Web Analytics Linda Chan July 4, 2007 For those attorneys interested in Internet technology, a discussion on web analytics was scheduled for June 27, 2007 in Fremont. The event attracted many UI directors and engineers to Warm Springs Drive for pizza and cold drinks. A great way... Continue Reading Posted at 10:46 AM \| Permalink \| Comments
Jul 2	In re Lear Corporation Shareholder Litigation Linda Chan July 2, 2007 On June 15, 2007, in In re Lear Corporation Shareholder Litigation, the Delaware Chancery Court issued an injunction requiring additional proxy disclosure in a case that upheld a go-shop provision involving a private equity buyout. When an insider has interests... Continue Reading Posted at 9:57 PM \| Permalink \| Comments
Jul 1	Credit Suisse Securities (USA) LLC v. Billing Linda Chan July 1, 2007 The following is not meant to be legal advice. On June 18, 2007, in Credit Suisse Securities (USA) LLC v. Billing, the US Supreme Court issued a decision about the relationship between the federal antitrust laws and the federal securities laws.... Continue Reading Posted at 11:03 AM \| Permalink \| Comments

« June 2007 | Main | August 2007 »

Jul31	Integra LifeSciences v. Merck Part I Linda Chan July 31, 2007 Know More: Patent law 2.0, Patent law The following is not meant to be legal advice. On July 27, 2007, the Federal Circuit in Integra LifeSciences v. Merck ruled on the Supreme Court's interpretation of the patent infringement exemption set forth in 35 U.S.C. § 271(e)(1). The Federal Circuit found that all of the uses at issue qualified under the safe harbor provision of 35 U.S.C. § 271(e)(1) because they were reasonably related to research. If the research was successful, they would be appropriate to include in a submission to the FDA, though not all of the experiments resulted in information submitted to the FDA. Continue Reading Posted at 9:44 PM \| Permalink \| Comments
Jul31	FCC and Wireless Airwaives Linda Chan July 31, 2007 The following is not meant to be legal advice. This week's buzz is about the sale of the wireless airwaves, and decisions on the rules regulating this topic that the FCC is scheduled to make this week. This topic has been... Continue Reading Posted at 8:52 PM \| Permalink \| Comments
Jul30	Adobe Linda Chan July 30, 2007 Silicon Valley Web Builder hosted a meeting July 25, 2007 to cover the latest Adobe design, web, and video product lines. Adobe had giveaways such as T-shirts, laptop USB mouse. Apress gave away T-shirts and note pads. Scheduled Adobe speakers... Continue Reading Posted at 8:55 PM \| Permalink \| Comments
Jul27	Privacy Updates Linda Chan July 27, 2007 A letter was sent from Chairman Bobby Rush of the Consumer Protection Subcommittee to the Federal Trade Commission during the week of July 16, 2007. The letter requested a private briefing on the Google, Inc. – DoubleClick, Inc. merger review. ... Continue Reading Posted at 9:17 PM \| Permalink \| Comments
Jul26	IRS Industry Director Directive Linda Chan July 26, 2007 The following is not meant to be legal advice. On July 11, 2007, the IRS released an internal Industry Director Directive memorandum dated June 15, 2007 (the "Directive"). The Directive designates transactions involving backdated stock options as a Tier I... Continue Reading Posted at 11:56 PM \| Permalink \| Comments
	SEC New Rule on Proxy Materials Linda Chan July 26, 2007 The following is not meant to be legal advice. Under the new SEC rule, issuers can provide proxy materials to shareholders by posting their proxy materials and voting instructions on an established Internet website and sending a Notice, by regular mail... Continue Reading Posted at 8:36 PM \| Permalink \| Comments
Jul25	Internet Delivery of Proxy Materials Linda Chan July 25, 2007 The following is not meant to be legal advice. CFO.com reports in its recent issue that the Securities and Exchange Commission has amended its proxy rules to permit issuers to make proxy materials available to shareholders through the Internet. This... Continue Reading Posted at 8:34 PM \| Permalink \| Comments
Jul24	Minimum Wage Increase Linda Chan July 24, 2007 In the press this morning, in several newspapers, there was report on the minimum wage increase to $5.85 per hour. The minimum wage has not increased during the past decade. Previous to today, the wage rate was $5.15 per hour. ... Continue Reading Posted at 11:45 PM \| Permalink \| Comments
Jul23	VL Systems, Inc. v. Unisen, Inc. Linda Chan July 23, 2007 The following is not meant to be legal advice. The California Court of Appeals in VL Systems, Inc. v. Unisen, Inc. on June 25, 2007 found that the no-hire clause in a consulting contract between VL Systems and Star Trac... Continue Reading Posted at 11:49 PM \| Permalink \| Comments
	Taylor v. Progress Energy Inc. Linda Chan July 23, 2007 The following is not meant to be legal advice. On July 3, 2007, the Fourth Circuit Court of Appeals issued an opinion in Taylor v. Progress Energy Inc., 2007 U.S. App. LEXIS 15846 (4th Cir. July 3, 2007), holding that... Continue Reading Posted at 8:32 PM \| Permalink \| Comments
Jul22	California Court of Appeals on No-Hire Contracts Linda Chan July 22, 2007 The following is not meant to be legal advice. The California Court of Appeals in VL Systems, Inc. v. Unisen, Inc. on June 25, 2007 stopped the practice of allowing businesses to agree to refrain from hiring one another’s employees,... Continue Reading Posted at 4:44 PM \| Permalink \| Comments
Jul19	San Francisco Building Codes Linda Chan July 19, 2007 The following is not meant to be legal advice. The San Francisco Public Library may be the place to go to obtain copies of the San Francisco and California Building Codes. They are available at the Government Information Center. Online... Continue Reading Posted at 8:46 PM \| Permalink \| Comments
Jul18	Neighbor Laws Linda Chan July 18, 2007 The following is not meant to be legal advice. For the attorney practicing real property, he/she may want to read up on neighbor laws in order to assist in disputes on troublesome trees, stray cats, and traveling garbage.... Continue Reading Posted at 8:42 PM \| Permalink \| Comments
Jul17	Business Interruption Linda Chan July 17, 2007 In June 2007, Buchalter Nemer, over a seafood lunch, gave a free seminar on insurance coverage issues. On the topic of business interruption, the speaker advised to obtain property, not liability, coverage. Like other property coverage, including those in building... Continue Reading Posted at 8:41 PM \| Permalink \| Comments
Jul16	Contract Liability Linda Chan July 16, 2007 The following is not meant to be legal advice. In June 2007, Buchalter Nemer gave a free seminar in San Francisco, CA on E & O claims. Usually, an entity/person must have a contract in order to have an E... Continue Reading Posted at 8:40 PM \| Permalink \| Comments
Jul15	Insurance Policies Linda Chan July 15, 2007 The following is not meant to be legal advice. In June 2007, Buchalter Nemer gave a free seminar in Palo Alto, CA on insurance policies. The speaker advised that insurance policies were negotiable. Those purchasing insurance, might consider not only... Continue Reading Posted at 8:37 PM \| Permalink \| Comments
Jul14	Business Insurance Linda Chan July 14, 2007 The following is not meant to be legal advice. In June 2007, Buchalter Nemer gave free seminars on 3 different days at 3 different restaurants in the San Francisco Bay Area on insurance. The speaker was Steven Brower, a litigation... Continue Reading Posted at 10:35 AM \| Permalink \| Comments
Jul13	Marrita Murphy and Daniel J. Leveille v. Internal Revenue Service and United States of America Linda Chan July 13, 2007 The following is not meant to be legal advice. On August 22, 2006, the United States Court of Appeals for the District of Columbia Circuit, in Marrita Murphy and Daniel J. Leveille v. Internal Revenue Service and United States of... Continue Reading Posted at 9:23 PM \| Permalink \| Comments
	Best Practices on Electronic Data Linda Chan July 13, 2007 The following is not meant to be legal advice. Cynthia Jackson of Baker & McKenzie recently published “Plan Now for Managing Electronic Data and Avoid Tomorrow’s Legal Risks”. In the publication, she gives best practices tips. Electronic data concerns include... Continue Reading Posted at 8:31 PM \| Permalink \| Comments
	No-Hire Provisions Linda Chan July 13, 2007 The following is not meant to be legal advice. The California Court of Appeals in VL Systems, Inc. v. Unisen, Inc. on June 25, 2007 stated that there should be no more broad no-hire provisions between business parties that restricts... Continue Reading Posted at 4:46 PM \| Permalink \| Comments
Jul12	Leave Laws Linda Chan July 12, 2007 The following is not meant to be legal advice. Suppose an employee is on maternity leave, should the sales person continue to get paid her salary? What if the employee is a sales person? Should the sales person continue to... Continue Reading Posted at 9:28 PM \| Permalink \| Comments
	Electronic Data Linda Chan July 12, 2007 The following is not meant to be legal advice. Recently, Baker & McKenzie, LLP published “Plan Now for Managing Electronic Data and Avoid Tomorrow’s Legal Risks”. Cynthia Jackson, a partner, located in Palo Alto, CA, was the author. Jackson begins... Continue Reading Posted at 8:29 PM \| Permalink \| Comments
Jul11	Jangl Linda Chan July 11, 2007 Jangl was started in 2005. For those in the need of a temporary phone number for privacy reasons, Jangl allows people to obtain a free number. This type of service may be helpful for those who deal with strangers, such... Continue Reading Posted at 9:22 PM \| Permalink \| Comments
	Festo Corp. v. Shoketsu Kinzoku Kogyo Kabushiki Co. Linda Chan July 11, 2007 The following is not meant to be legal advice. On July 5, 2007, the Federal Circuit issued a decision in Festo Corp. v. Shoketsu Kinzoku Kogyo Kabushiki Co. (No. 05-1492), addressing the scope of prosecution history estoppel and its limits... Continue Reading Posted at 9:11 PM \| Permalink \| Comments
Jul10	GNU General Public License Version 3 Released Linda Chan July 10, 2007 This is not meant to be legal advice. On June 29, 2007, the Free Software Foundation (FSF) released version 3 of the GNU General Public License (GPL). After several drafts, GPL version 3 updates GPL version 2, which was around... Continue Reading Posted at 8:23 PM \| Permalink \| Comments
Jul 9	ChoicePoint Linda Chan July 9, 2007 The following is not meant to be legal advice. ChoicePoint must pay $500,000 in a settlement on May 31, 2007 with 43 states and the District of Columbia. The funds will be used for consumer education. The states and District... Continue Reading Posted at 9:04 PM \| Permalink \| Comments
Jul 7	Jobs For Veterans Act Linda Chan July 7, 2007 The following is not meant to be legal advice. The shutdown of America’s Job Bank came and went on June 30, 2007, and the OFCCP issued interim guidance to posting requirements of Jobs For Veterans Act. There is still no... Continue Reading Posted at 11:41 PM \| Permalink \| Comments
Jul 6	Dr. Miles Medical Co. v. John D. Park & Sons, 220 U.S. 373 (1911) Linda Chan July 6, 2007 The following is not meant to be legal advice. The US Supreme Court overruled the Dr. Miles Medical Co. v. John D. Park & Sons, 220 U.S. 373 (1911) decision, which held that minimum resale price agreements between a manufacturer... Continue Reading Posted at 9:58 PM \| Permalink \| Comments
	Foreseeability in Festo Corp. v. Shoketsu Kinzoku Kogyo Kabushiki Co. Linda Chan July 6, 2007 The following is not meant to be legal advice. On July 5, 2007, the Federal Circuit issued a decision in Festo Corp. v. Shoketsu Kinzoku Kogyo Kabushiki Co. (No. 05-1492), concluding that the foreseeability test does not require knowledge that... Continue Reading Posted at 9:13 PM \| Permalink \| Comments
Jul 5	Rupert Murdoch Linda Chan July 5, 2007 What is the status of Rupert Murdoch and the Wall Street Journal? It is the buzz that Murdoch is still trying to purchase the Wall Street Journal, and gain control of the Wall Street Journal’s content and distribution. What will... Continue Reading Posted at 9:54 PM \| Permalink \| Comments
	Employee Free Choice Act Linda Chan July 5, 2007 The following is not meant to be legal advice. On June 26, 2007, the Senate voted 51 to 48 on a motion to move the Employee Free Choice Act to the Senate floor for a debate on the bill. The... Continue Reading Posted at 9:04 PM \| Permalink \| Comments
Jul 4	Web Analytics Linda Chan July 4, 2007 For those attorneys interested in Internet technology, a discussion on web analytics was scheduled for June 27, 2007 in Fremont. The event attracted many UI directors and engineers to Warm Springs Drive for pizza and cold drinks. A great way... Continue Reading Posted at 10:46 AM \| Permalink \| Comments
Jul 2	In re Lear Corporation Shareholder Litigation Linda Chan July 2, 2007 On June 15, 2007, in In re Lear Corporation Shareholder Litigation, the Delaware Chancery Court issued an injunction requiring additional proxy disclosure in a case that upheld a go-shop provision involving a private equity buyout. When an insider has interests... Continue Reading Posted at 9:57 PM \| Permalink \| Comments
Jul 1	Credit Suisse Securities (USA) LLC v. Billing Linda Chan July 1, 2007 The following is not meant to be legal advice. On June 18, 2007, in Credit Suisse Securities (USA) LLC v. Billing, the US Supreme Court issued a decision about the relationship between the federal antitrust laws and the federal securities laws.... Continue Reading Posted at 11:03 AM \| Permalink \| Comments

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