CompanyCounselor: August 2007 Archives

« July 2007 | Main | September 2007 »

Aug30	U.S. Patent Applications Linda Chan August 30, 2007 Know More: Patent law 2.0, Patent law The following is not meant to be legal advice. During the week of August 22, 2007, the United States Patent and Trademark Office (USPTO) published rules for patent prosecution. The rules take effect on November 1, 2007. Some of the rules have retroactive effect for patents already pending. The rules relate to: 1) continuation practice; 2) divisional practice; and 3) the examination of claims by the USPTO. Continue Reading Posted at 8:25 PM \| Permalink \| Comments
Aug30	IP Issues In M & A Linda Chan August 30, 2007 The following is not meant to be legal advice. Louis R. Dienes wrote an article on intellectual property issues in mergers and acquisitions in the September 2004 of the California Bar Journal. For those attorneys working in high technology, the... Continue Reading Posted at 7:48 PM \| Permalink \| Comments
	Rule 144 Linda Chan August 30, 2007 The following is not meant to be legal advice. Rule 144 relates to the resale of restricted stock. Restricted stock is usually issued while a company is still private. For instance, an engineer joining a startup may get some options... Continue Reading Posted at 7:45 PM \| Permalink \| Comments
Aug29	In re Seagate Technology Linda Chan August 29, 2007 The following does not constitute legal advice. The Federal Circuit on August 20, 2007 issued an en banc opinion in In re Seagate Technology. In the case, there was an issue involving infringement. The Federal Circuit overruled Underwater Devices, another... Continue Reading Posted at 8:45 PM \| Permalink \| Comments
	Public Company Reports Linda Chan August 29, 2007 The following is not meant to be legal advice. For the attorney first going into finance, he may be interested to read up on the types of public filings a public company needs to make. The Wilson Sonsini Goodrich Rosati,... Continue Reading Posted at 7:44 PM \| Permalink \| Comments
	Section 404 Linda Chan August 29, 2007 The following is not meant to be legal advice. Section 404 requires adoption of internal controls. Section 404 requires the development of internal controls over financial reporting. Section 404 has been required since the enactment of the Foreign Corrupt Practices Act,... Continue Reading Posted at 7:41 PM \| Permalink \| Comments
Aug28	Douglas v. United States District Court for the Central District of California Linda Chan August 28, 2007 The following is not meant to be legal advice. On July 18, 2007, the Ninth Circuit issued its decision in Douglas v. United States District Court for the Central District of California, No. 06-75424. The case issue was on whether... Continue Reading Posted at 8:31 PM \| Permalink \| Comments
Aug27	U.S. Attorney General Alberto Gonzales Linda Chan August 27, 2007 During a lunch time work out at the gym, most would hear that one of the top stories of August 27, 2007 was that U.S. Attorney General Alberto Gonzales announced his resignation.... Continue Reading Posted at 10:34 PM \| Permalink \| Comments
	2002 Jobs for Veterans Act Linda Chan August 27, 2007 The following is not meant to be legal advice. The Department of Labor, Office of Federal Contract Compliance Programs (OFCCP) published on August 8, 2007, its final rule implementing the 2002 Jobs for Veterans Act amendments to the affirmative action... Continue Reading Posted at 8:29 PM \| Permalink \| Comments
	Studying Valuation Linda Chan August 27, 2007 The following is not meant to be legal advice.What if there are disputes on options? Options base valuation on the volatility of the asset. Investment value is higher than the fair value. It is what the buyer would consider. Fair... Continue Reading Posted at 7:37 PM \| Permalink \| Comments
Aug26	Section 302 Linda Chan August 26, 2007 The following is not meant to be legal advice. Section 302, Corporate Responsibility for Financial Reports relations to a certification requirement that imposes due diligence on management. This means that the CEO and CFO actually need to read the financial... Continue Reading Posted at 9:34 AM \| Permalink \| Comments
	Employment Matters Linda Chan August 26, 2007 The following is not meant to be legal advice.An article published in May 2005 by DC Toedt III and Robert R. Robinson in the ACC Docket gave several tips on online resources for employment matters.Recruiting practices should take into account... Continue Reading Posted at 9:33 AM \| Permalink \| Comments
Aug24	Chicago Storm Linda Chan August 24, 2007 The buzz on August 24, 2007 was on the Chicago storm. There appears to be many topics in the news these days on the weather. Do all these weather concerns come from abuse of environmental resources? Did Al Gore really... Continue Reading Posted at 9:33 PM \| Permalink \| Comments
Aug21	California Corporations Commissioner Linda Chan August 21, 2007 The following is not meant to be legal advice. The offer and sale of securities in California is regulated by the California Corporations Commissioner under the California Securities Law. On July 9, 2007, the California Corporations Commissioner amended the compensatory... Continue Reading Posted at 9:53 PM \| Permalink \| Comments
	Credit Cards 101 Linda Chan August 21, 2007 The following is not meant to be legal advice. On VISA.com, there is some advice on what to look for in a credit card. For those legal professionals looking to get a credit card for business, they may be interested... Continue Reading Posted at 8:41 PM \| Permalink \| Comments
	Damages Relating to Trees Linda Chan August 21, 2007 The following is not meant to be legal advice. Would a property be diminish in value if oak trees on private property are cut down? Are damages in the form of restoration of the trees reasonable if the cost of... Continue Reading Posted at 5:38 AM \| Permalink \| Comments
Aug18	Demurrer Linda Chan August 18, 2007 The following is not meant to be legal advice. According to California Civil Procedure (CCP) Section 430.10(e), the party against whom a complaint has been filed may object, by demurrer to the pleading on the following ground: The pleading does... Continue Reading Posted at 9:08 PM \| Permalink \| Comments
	Plans for a Road Linda Chan August 18, 2007 The following is not meant to be legal advice. Courts usually refuse to enforce land use restrictions which are no longer reasonable in view of present circumstances. For example, a person wants to convert a farm to a commercial complex,... Continue Reading Posted at 9:00 PM \| Permalink \| Comments
Aug17	Rights in a Road Linda Chan August 17, 2007 The following is not meant to be legal advice. The owner of land has the right of full possession and enjoyment subject to the limitation that he cannot interfere with the right of special use created for an easement holder. ... Continue Reading Posted at 9:52 PM \| Permalink \| Comments
Aug16	Remand Linda Chan August 16, 2007 The following is not meant to be legal advice. Whether a district court rules correctly in denying a plaintiff’s motion to remand a lawsuit to state court must be analyzed according to federal jurisdictional requirements to determine whether the federal... Continue Reading Posted at 9:48 PM \| Permalink \| Comments
Aug15	Derivative Suit Linda Chan August 15, 2007 The following is not meant to be legal advice. If a corporation suffers an injury, a shareholder may bring a derivative suit on behalf of the corporation. The requirements include: shareholder must be a contemporaneous holder of shares at the... Continue Reading Posted at 9:44 PM \| Permalink \| Comments
	Abstention Linda Chan August 15, 2007 The following is not meant to be legal advice. A federal court may remand a matter to state court and abstain from hearing a case. There is authority that a district court may remand a case to state court for... Continue Reading Posted at 9:40 PM \| Permalink \| Comments
Aug14	Alan Greenspan Linda Chan August 14, 2007 It was announced August 13, 2007 that Alan Greenspan has been hired to advise Deutsche Bank, one of Germany’s largest international banks. How will this affect the international economy since whenever Alan Greenspan used to say anything while he worked... Continue Reading Posted at 9:57 PM \| Permalink \| Comments
	Remedies Linda Chan August 14, 2007 The following is not meant to be legal advice. When determining if someone should receive any remedies, first one must look to see if there are legal claims. For example, in conversion, the liability theory is to see if there... Continue Reading Posted at 9:37 PM \| Permalink \| Comments
Aug12	American with Disabilities Act Linda Chan August 12, 2007 The following is not meant to be legal advice. The question is whether an employer can discharge someone under the American with Disabilities Act (ADA) for staying out of work too long because of an injury. The person may be... Continue Reading Posted at 9:24 PM \| Permalink \| Comments
Aug11	Prejudgment Costs Linda Chan August 11, 2007 The following is not meant to be legal advice. In some rules of court, in order to get prejudgment costs, the prevailing party would need to file a memo of costs within a certain number of days, such as fifteen... Continue Reading Posted at 9:19 PM \| Permalink \| Comments
	Statute of Limitations Linda Chan August 11, 2007 The following is not meant to be legal advice. The California Code of Civil Procedure (CCP) Section 340(3) provides a one year statute of limitations on an action for injury to or for death of one caused by the wrongful... Continue Reading Posted at 9:15 PM \| Permalink \| Comments
	Motion to Continue Linda Chan August 11, 2007 The following is not meant to be legal advice. Granting or refusing a motion for continuance is discretionary with the trial court. Vallera v. Vallera (1946) 166 P.2d 893. The trial judge’s discretion in granting a continuance is broad and... Continue Reading Posted at 9:12 PM \| Permalink \| Comments
Aug10	Petition for Writ of Habeas Corpus Linda Chan August 10, 2007 The following is not meant to be legal advice. In order to have a petition for writ of habeas corpus to the Court of Appeal, California, there should be arguable issues for a petition. For instance, in the guilty... Continue Reading Posted at 9:16 PM \| Permalink \| Comments
	Estoppel Linda Chan August 10, 2007 The following is not meant to be legal advice. Easements may arise by an estoppel when there is an attempted grant that is ineffective and the grantee reasonably relies on permission. For example, there may be an intention to create... Continue Reading Posted at 9:05 PM \| Permalink \| Comments
Aug 9	Negligence Linda Chan August 9, 2007 The following is not meant to be legal advice. An action in negligence requires a showing that the defendant owes the plaintiff a duty, that the defendant breached the duty, and the breach is a proximate cause of the injuries... Continue Reading Posted at 9:56 PM \| Permalink \| Comments
	Honest Leadership and Open Government Act of 2007 Linda Chan August 9, 2007 The following is not meant to be legal advice. In early August 2007, the House and Senate passed the Honest Leadership and OpenGovernment Act of 2007. President Bush is expected to sign the legislation. The Honest Leadership and Open Government... Continue Reading Posted at 9:41 PM \| Permalink \| Comments
	Transfer Taxes On Real Property Linda Chan August 9, 2007 The following is not meant to be legal advice. A few years ago, according to SEC.-27.02, Imposition of Tax, of the Instructions for Real Property Transfer Tax, in Oakland, CA, transfer taxes were calculated as follows: 1.50% * value of... Continue Reading Posted at 9:13 PM \| Permalink \| Comments
Aug 8	Wills and Trusts Linda Chan August 8, 2007 The following is not meant to be legal advice. A valid will requires that the testator possess the legal capacity to make a will, that he/she intend the document in question to be his/her will, and that the document intended... Continue Reading Posted at 9:35 PM \| Permalink \| Comments
	Arbitration Letter to Client Linda Chan August 8, 2007 The following is not meant to be legal advice. When informing a client of the proposed arbitrators for a case, the attorney may also inform the client what he/she thinks the lows and highs should be of the other party’s... Continue Reading Posted at 9:11 PM \| Permalink \| Comments
	Taxes on Barry Bonds Baseball Linda Chan August 8, 2007 The following is not meant to be legal advice. When Barry Bonds hits the 756th home run, some lucky person will catch the ball that some collectors say might sell for up to $1 million. Little does that person know... Continue Reading Posted at 9:09 PM \| Permalink \| Comments
Aug 7	LRP Publications on Undue Hardship Linda Chan August 7, 2007 The following is not meant to be legal advice. The LRP Publications, Americans with Disabilities Act Law, Regulations & Imperative Guidance, pp. TAM-1 – TAM-173 (1993), provides that an employer is not required to accommodate a disabled employee if it... Continue Reading Posted at 9:27 PM \| Permalink \| Comments
	Computation of Time Linda Chan August 7, 2007 The following is not meant to be legal advice. The beginning attorney in litigation may be in for the mundane when asked to research time computations. For instance, there is a California civil procedure section on tolling for holidays. Holidays... Continue Reading Posted at 9:21 PM \| Permalink \| Comments
	Receipt Linda Chan August 7, 2007 The following is not meant to be legal advice. When paying someone an amount, such as an estate distribution, it may be wise to request the signing of a receipt. A formal receipt should indicate that the person signing acknowledges... Continue Reading Posted at 9:08 PM \| Permalink \| Comments
Aug 6	Directors’ Resolution Linda Chan August 6, 2007 The following is not meant to be legal advice. When winding up a California nonprofit religious corporation, a directors’ resolution regarding the election to wind up and dissolve should be prepared. The resolution indicates that the board of directors determined... Continue Reading Posted at 11:01 PM \| Permalink \| Comments
	Summary Judgment Linda Chan August 6, 2007 The following is not meant to be legal advice.According to California Code of Civil Procedure (CCP) Section 437c, if it is claimed the action has no merit, or there is no defense to the action, the complaint may be dismissed... Continue Reading Posted at 9:33 PM \| Permalink \| Comments
Aug 5	Certificate of Dissolution Linda Chan August 5, 2007 The following is not meant to be legal advice. What belongs in a certificate of dissolution for a California nonprofit corporation such as a church? The certificate of dissolution is usually signed by the president of the corporation. The president... Continue Reading Posted at 11:58 PM \| Permalink \| Comments
Aug 3	Probating an Estate Linda Chan August 3, 2007 The following is not meant to be legal advice. Usually the probate of an estate involves the appointment of an executor. The executor may serve with bond, or have bond waived. To waive bond, a filing would need to be... Continue Reading Posted at 9:05 PM \| Permalink \| Comments
Aug 2	Microsoft/Novell Linda Chan August 2, 2007 The following is not meant to be legal advice.Microsoft and Novell, a Linux distributor, had a deal that avoided GPLversion2 distribution license requirements. Under the deal, Novell customers got a provision not to sue directly from Microsoft, and Microsoft and... Continue Reading Posted at 9:07 PM \| Permalink \| Comments
	California Form 3555 Linda Chan August 2, 2007 The following is not meant to be legal advice. What is California Form 3555? In the past, it meant a reporting of the assumption of tax liability/request for tax clearance. It was a form to be completed when a corporation... Continue Reading Posted at 9:03 PM \| Permalink \| Comments
	Dow Jones Linda Chan August 2, 2007 Those attorneys following M & A and buy outs may have already heard the buzz on Rupert Murdoch purchasing Dow Jones, which owns Wall Street Journal. While at the gym, some people may have watched the reactions of this purchase... Continue Reading Posted at 1:05 AM \| Permalink \| Comments
Aug 1	Dissolution of a Nonprofit Linda Chan August 1, 2007 The following is not meant to be legal advice. For those attorneys looking to help small business, they may come across dissolutions. How to dissolve a nonprofit religious corporation? First, the attorney might need to prepare a certificate of... Continue Reading Posted at 11:55 PM \| Permalink \| Comments
	Integra LifeSciences v. Merck Part II Linda Chan August 1, 2007 The following is not meant to be legal advice. Continuing on the analysis of the July 27, 2007 ruling of the Federal Circuit in Integra LifeSciences v. Merck, the attorney studying patent cases might be interested to read that in... Continue Reading Posted at 9:49 PM \| Permalink \| Comments

« July 2007 | Main | September 2007 »

Aug30	U.S. Patent Applications Linda Chan August 30, 2007 Know More: Patent law 2.0, Patent law The following is not meant to be legal advice. During the week of August 22, 2007, the United States Patent and Trademark Office (USPTO) published rules for patent prosecution. The rules take effect on November 1, 2007. Some of the rules have retroactive effect for patents already pending. The rules relate to: 1) continuation practice; 2) divisional practice; and 3) the examination of claims by the USPTO. Continue Reading Posted at 8:25 PM \| Permalink \| Comments
Aug30	IP Issues In M & A Linda Chan August 30, 2007 The following is not meant to be legal advice. Louis R. Dienes wrote an article on intellectual property issues in mergers and acquisitions in the September 2004 of the California Bar Journal. For those attorneys working in high technology, the... Continue Reading Posted at 7:48 PM \| Permalink \| Comments
	Rule 144 Linda Chan August 30, 2007 The following is not meant to be legal advice. Rule 144 relates to the resale of restricted stock. Restricted stock is usually issued while a company is still private. For instance, an engineer joining a startup may get some options... Continue Reading Posted at 7:45 PM \| Permalink \| Comments
Aug29	In re Seagate Technology Linda Chan August 29, 2007 The following does not constitute legal advice. The Federal Circuit on August 20, 2007 issued an en banc opinion in In re Seagate Technology. In the case, there was an issue involving infringement. The Federal Circuit overruled Underwater Devices, another... Continue Reading Posted at 8:45 PM \| Permalink \| Comments
	Public Company Reports Linda Chan August 29, 2007 The following is not meant to be legal advice. For the attorney first going into finance, he may be interested to read up on the types of public filings a public company needs to make. The Wilson Sonsini Goodrich Rosati,... Continue Reading Posted at 7:44 PM \| Permalink \| Comments
	Section 404 Linda Chan August 29, 2007 The following is not meant to be legal advice. Section 404 requires adoption of internal controls. Section 404 requires the development of internal controls over financial reporting. Section 404 has been required since the enactment of the Foreign Corrupt Practices Act,... Continue Reading Posted at 7:41 PM \| Permalink \| Comments
Aug28	Douglas v. United States District Court for the Central District of California Linda Chan August 28, 2007 The following is not meant to be legal advice. On July 18, 2007, the Ninth Circuit issued its decision in Douglas v. United States District Court for the Central District of California, No. 06-75424. The case issue was on whether... Continue Reading Posted at 8:31 PM \| Permalink \| Comments
Aug27	U.S. Attorney General Alberto Gonzales Linda Chan August 27, 2007 During a lunch time work out at the gym, most would hear that one of the top stories of August 27, 2007 was that U.S. Attorney General Alberto Gonzales announced his resignation.... Continue Reading Posted at 10:34 PM \| Permalink \| Comments
	2002 Jobs for Veterans Act Linda Chan August 27, 2007 The following is not meant to be legal advice. The Department of Labor, Office of Federal Contract Compliance Programs (OFCCP) published on August 8, 2007, its final rule implementing the 2002 Jobs for Veterans Act amendments to the affirmative action... Continue Reading Posted at 8:29 PM \| Permalink \| Comments
	Studying Valuation Linda Chan August 27, 2007 The following is not meant to be legal advice.What if there are disputes on options? Options base valuation on the volatility of the asset. Investment value is higher than the fair value. It is what the buyer would consider. Fair... Continue Reading Posted at 7:37 PM \| Permalink \| Comments
Aug26	Section 302 Linda Chan August 26, 2007 The following is not meant to be legal advice. Section 302, Corporate Responsibility for Financial Reports relations to a certification requirement that imposes due diligence on management. This means that the CEO and CFO actually need to read the financial... Continue Reading Posted at 9:34 AM \| Permalink \| Comments
	Employment Matters Linda Chan August 26, 2007 The following is not meant to be legal advice.An article published in May 2005 by DC Toedt III and Robert R. Robinson in the ACC Docket gave several tips on online resources for employment matters.Recruiting practices should take into account... Continue Reading Posted at 9:33 AM \| Permalink \| Comments
Aug24	Chicago Storm Linda Chan August 24, 2007 The buzz on August 24, 2007 was on the Chicago storm. There appears to be many topics in the news these days on the weather. Do all these weather concerns come from abuse of environmental resources? Did Al Gore really... Continue Reading Posted at 9:33 PM \| Permalink \| Comments
Aug21	California Corporations Commissioner Linda Chan August 21, 2007 The following is not meant to be legal advice. The offer and sale of securities in California is regulated by the California Corporations Commissioner under the California Securities Law. On July 9, 2007, the California Corporations Commissioner amended the compensatory... Continue Reading Posted at 9:53 PM \| Permalink \| Comments
	Credit Cards 101 Linda Chan August 21, 2007 The following is not meant to be legal advice. On VISA.com, there is some advice on what to look for in a credit card. For those legal professionals looking to get a credit card for business, they may be interested... Continue Reading Posted at 8:41 PM \| Permalink \| Comments
	Damages Relating to Trees Linda Chan August 21, 2007 The following is not meant to be legal advice. Would a property be diminish in value if oak trees on private property are cut down? Are damages in the form of restoration of the trees reasonable if the cost of... Continue Reading Posted at 5:38 AM \| Permalink \| Comments
Aug18	Demurrer Linda Chan August 18, 2007 The following is not meant to be legal advice. According to California Civil Procedure (CCP) Section 430.10(e), the party against whom a complaint has been filed may object, by demurrer to the pleading on the following ground: The pleading does... Continue Reading Posted at 9:08 PM \| Permalink \| Comments
	Plans for a Road Linda Chan August 18, 2007 The following is not meant to be legal advice. Courts usually refuse to enforce land use restrictions which are no longer reasonable in view of present circumstances. For example, a person wants to convert a farm to a commercial complex,... Continue Reading Posted at 9:00 PM \| Permalink \| Comments
Aug17	Rights in a Road Linda Chan August 17, 2007 The following is not meant to be legal advice. The owner of land has the right of full possession and enjoyment subject to the limitation that he cannot interfere with the right of special use created for an easement holder. ... Continue Reading Posted at 9:52 PM \| Permalink \| Comments
Aug16	Remand Linda Chan August 16, 2007 The following is not meant to be legal advice. Whether a district court rules correctly in denying a plaintiff’s motion to remand a lawsuit to state court must be analyzed according to federal jurisdictional requirements to determine whether the federal... Continue Reading Posted at 9:48 PM \| Permalink \| Comments
Aug15	Derivative Suit Linda Chan August 15, 2007 The following is not meant to be legal advice. If a corporation suffers an injury, a shareholder may bring a derivative suit on behalf of the corporation. The requirements include: shareholder must be a contemporaneous holder of shares at the... Continue Reading Posted at 9:44 PM \| Permalink \| Comments
	Abstention Linda Chan August 15, 2007 The following is not meant to be legal advice. A federal court may remand a matter to state court and abstain from hearing a case. There is authority that a district court may remand a case to state court for... Continue Reading Posted at 9:40 PM \| Permalink \| Comments
Aug14	Alan Greenspan Linda Chan August 14, 2007 It was announced August 13, 2007 that Alan Greenspan has been hired to advise Deutsche Bank, one of Germany’s largest international banks. How will this affect the international economy since whenever Alan Greenspan used to say anything while he worked... Continue Reading Posted at 9:57 PM \| Permalink \| Comments
	Remedies Linda Chan August 14, 2007 The following is not meant to be legal advice. When determining if someone should receive any remedies, first one must look to see if there are legal claims. For example, in conversion, the liability theory is to see if there... Continue Reading Posted at 9:37 PM \| Permalink \| Comments
Aug12	American with Disabilities Act Linda Chan August 12, 2007 The following is not meant to be legal advice. The question is whether an employer can discharge someone under the American with Disabilities Act (ADA) for staying out of work too long because of an injury. The person may be... Continue Reading Posted at 9:24 PM \| Permalink \| Comments
Aug11	Prejudgment Costs Linda Chan August 11, 2007 The following is not meant to be legal advice. In some rules of court, in order to get prejudgment costs, the prevailing party would need to file a memo of costs within a certain number of days, such as fifteen... Continue Reading Posted at 9:19 PM \| Permalink \| Comments
	Statute of Limitations Linda Chan August 11, 2007 The following is not meant to be legal advice. The California Code of Civil Procedure (CCP) Section 340(3) provides a one year statute of limitations on an action for injury to or for death of one caused by the wrongful... Continue Reading Posted at 9:15 PM \| Permalink \| Comments
	Motion to Continue Linda Chan August 11, 2007 The following is not meant to be legal advice. Granting or refusing a motion for continuance is discretionary with the trial court. Vallera v. Vallera (1946) 166 P.2d 893. The trial judge’s discretion in granting a continuance is broad and... Continue Reading Posted at 9:12 PM \| Permalink \| Comments
Aug10	Petition for Writ of Habeas Corpus Linda Chan August 10, 2007 The following is not meant to be legal advice. In order to have a petition for writ of habeas corpus to the Court of Appeal, California, there should be arguable issues for a petition. For instance, in the guilty... Continue Reading Posted at 9:16 PM \| Permalink \| Comments
	Estoppel Linda Chan August 10, 2007 The following is not meant to be legal advice. Easements may arise by an estoppel when there is an attempted grant that is ineffective and the grantee reasonably relies on permission. For example, there may be an intention to create... Continue Reading Posted at 9:05 PM \| Permalink \| Comments
Aug 9	Negligence Linda Chan August 9, 2007 The following is not meant to be legal advice. An action in negligence requires a showing that the defendant owes the plaintiff a duty, that the defendant breached the duty, and the breach is a proximate cause of the injuries... Continue Reading Posted at 9:56 PM \| Permalink \| Comments
	Honest Leadership and Open Government Act of 2007 Linda Chan August 9, 2007 The following is not meant to be legal advice. In early August 2007, the House and Senate passed the Honest Leadership and OpenGovernment Act of 2007. President Bush is expected to sign the legislation. The Honest Leadership and Open Government... Continue Reading Posted at 9:41 PM \| Permalink \| Comments
	Transfer Taxes On Real Property Linda Chan August 9, 2007 The following is not meant to be legal advice. A few years ago, according to SEC.-27.02, Imposition of Tax, of the Instructions for Real Property Transfer Tax, in Oakland, CA, transfer taxes were calculated as follows: 1.50% * value of... Continue Reading Posted at 9:13 PM \| Permalink \| Comments
Aug 8	Wills and Trusts Linda Chan August 8, 2007 The following is not meant to be legal advice. A valid will requires that the testator possess the legal capacity to make a will, that he/she intend the document in question to be his/her will, and that the document intended... Continue Reading Posted at 9:35 PM \| Permalink \| Comments
	Arbitration Letter to Client Linda Chan August 8, 2007 The following is not meant to be legal advice. When informing a client of the proposed arbitrators for a case, the attorney may also inform the client what he/she thinks the lows and highs should be of the other party’s... Continue Reading Posted at 9:11 PM \| Permalink \| Comments
	Taxes on Barry Bonds Baseball Linda Chan August 8, 2007 The following is not meant to be legal advice. When Barry Bonds hits the 756th home run, some lucky person will catch the ball that some collectors say might sell for up to $1 million. Little does that person know... Continue Reading Posted at 9:09 PM \| Permalink \| Comments
Aug 7	LRP Publications on Undue Hardship Linda Chan August 7, 2007 The following is not meant to be legal advice. The LRP Publications, Americans with Disabilities Act Law, Regulations & Imperative Guidance, pp. TAM-1 – TAM-173 (1993), provides that an employer is not required to accommodate a disabled employee if it... Continue Reading Posted at 9:27 PM \| Permalink \| Comments
	Computation of Time Linda Chan August 7, 2007 The following is not meant to be legal advice. The beginning attorney in litigation may be in for the mundane when asked to research time computations. For instance, there is a California civil procedure section on tolling for holidays. Holidays... Continue Reading Posted at 9:21 PM \| Permalink \| Comments
	Receipt Linda Chan August 7, 2007 The following is not meant to be legal advice. When paying someone an amount, such as an estate distribution, it may be wise to request the signing of a receipt. A formal receipt should indicate that the person signing acknowledges... Continue Reading Posted at 9:08 PM \| Permalink \| Comments
Aug 6	Directors’ Resolution Linda Chan August 6, 2007 The following is not meant to be legal advice. When winding up a California nonprofit religious corporation, a directors’ resolution regarding the election to wind up and dissolve should be prepared. The resolution indicates that the board of directors determined... Continue Reading Posted at 11:01 PM \| Permalink \| Comments
	Summary Judgment Linda Chan August 6, 2007 The following is not meant to be legal advice.According to California Code of Civil Procedure (CCP) Section 437c, if it is claimed the action has no merit, or there is no defense to the action, the complaint may be dismissed... Continue Reading Posted at 9:33 PM \| Permalink \| Comments
Aug 5	Certificate of Dissolution Linda Chan August 5, 2007 The following is not meant to be legal advice. What belongs in a certificate of dissolution for a California nonprofit corporation such as a church? The certificate of dissolution is usually signed by the president of the corporation. The president... Continue Reading Posted at 11:58 PM \| Permalink \| Comments
Aug 3	Probating an Estate Linda Chan August 3, 2007 The following is not meant to be legal advice. Usually the probate of an estate involves the appointment of an executor. The executor may serve with bond, or have bond waived. To waive bond, a filing would need to be... Continue Reading Posted at 9:05 PM \| Permalink \| Comments
Aug 2	Microsoft/Novell Linda Chan August 2, 2007 The following is not meant to be legal advice.Microsoft and Novell, a Linux distributor, had a deal that avoided GPLversion2 distribution license requirements. Under the deal, Novell customers got a provision not to sue directly from Microsoft, and Microsoft and... Continue Reading Posted at 9:07 PM \| Permalink \| Comments
	California Form 3555 Linda Chan August 2, 2007 The following is not meant to be legal advice. What is California Form 3555? In the past, it meant a reporting of the assumption of tax liability/request for tax clearance. It was a form to be completed when a corporation... Continue Reading Posted at 9:03 PM \| Permalink \| Comments
	Dow Jones Linda Chan August 2, 2007 Those attorneys following M & A and buy outs may have already heard the buzz on Rupert Murdoch purchasing Dow Jones, which owns Wall Street Journal. While at the gym, some people may have watched the reactions of this purchase... Continue Reading Posted at 1:05 AM \| Permalink \| Comments
Aug 1	Dissolution of a Nonprofit Linda Chan August 1, 2007 The following is not meant to be legal advice. For those attorneys looking to help small business, they may come across dissolutions. How to dissolve a nonprofit religious corporation? First, the attorney might need to prepare a certificate of... Continue Reading Posted at 11:55 PM \| Permalink \| Comments
	Integra LifeSciences v. Merck Part II Linda Chan August 1, 2007 The following is not meant to be legal advice. Continuing on the analysis of the July 27, 2007 ruling of the Federal Circuit in Integra LifeSciences v. Merck, the attorney studying patent cases might be interested to read that in... Continue Reading Posted at 9:49 PM \| Permalink \| Comments

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