CompanyCounselor: November 2007 Archives

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Nov30	Civil Rights Affecting Asian Americans and Latinos Linda Chan November 30, 2007 Know More: International law 2.0, International law The following is not meant to be legal advice. On November 29, 2007, McDermott Will & Emery hosted a talk by John Trasvina, President and General Counsel of Mexican American Legal Defense and Educational Fund. The talk was in Palo Alto, CA and began at 6 pm with a dinner of pasta, lasagna, and cheese bread. The attendance included Stanford University undergraduate students. The host was Lucy Koh, who is a partner at McDermott, and invited her husband and mother in law to the event. People can read more about Koh in the Asian American Bar Association newsletter for November 2007. The main sponsor of the event was the Asian Pacific Bar of Silicon Valley. Continue Reading Posted at 8:49 PM \| Permalink \| Comments
Nov29	RealtyTrac.com Linda Chan November 29, 2007 All over the news, the buzz is on foreclosures. It seems that first it was the condos, and now it is the single family homes. Those attorneys looking at new home sales may see that when they go shop there... Continue Reading Posted at 8:04 PM \| Permalink \| Comments
Nov25	Labor Relations – Managers and Employees Linda Chan November 25, 2007 The following is not meant to be legal advice.On November 17, 2007, there was a presentation in San Francisco, CA by members of the University of California on labor unions. Where do management rights come from?Management rights come from the... Continue Reading Posted at 9:23 PM \| Permalink \| Comments
Nov24	Carbon Monitoring for Action (CARMA) Linda Chan November 24, 2007 The following is not meant to be legal advice. For attorneys in environmental law, they may already know that Carbon Monitoring for Action (CARMA) launched a web site for carbon emissions. The web seems to be changing the way for... Continue Reading Posted at 10:38 AM \| Permalink \| Comments
Nov23	Goldman Sachs Linda Chan November 23, 2007 The following is not meant to be legal advice. One of the buzz topics for November 2007 is Goldman Sachs bringing about numerous corporate deals. What role did it play in the contract negotiations involving the New York Yankees and... Continue Reading Posted at 10:34 AM \| Permalink \| Comments
Nov22	Freddie Mac Linda Chan November 22, 2007 The following is not meant to be legal advice. The buzz topics for the week of November 21, 2007 included Freddie Mac, a government sponsored enterprise designed to assist financing to the mortgage market, announcing Tuesday that it is looking... Continue Reading Posted at 10:29 AM \| Permalink \| Comments
Nov21	Workplace Violence Linda Chan November 21, 2007 The following is not meant to be legal advice. On November 17, 2007, a member of the University of California gave a talk in San Francisco, CA on workplace violence. A person who is not a manager witnessing violence does... Continue Reading Posted at 9:34 PM \| Permalink \| Comments
	Maintaining Positive Union Relations Linda Chan November 21, 2007 The following is not meant to be legal advice. When a company’s management makes changes, it is required to give the union notice. When questioned of the change, the company needs to show documentation. For example, a company must send... Continue Reading Posted at 9:31 PM \| Permalink \| Comments
	NLRB vs. Weingarten 1975 U.S. Supreme Court Decision Linda Chan November 21, 2007 The following is not meant to be legal advice. Weingarten was a case about unfair labor practices. A union may file against management saying management violated the law in that the employee was not given representation, due process. Employees need... Continue Reading Posted at 9:27 PM \| Permalink \| Comments
Nov20	Immigration Issues Linda Chan November 20, 2007 The following is not meant to be legal advice. On November 17, 2007, an attorney of the Immigrant Legal Resource Center spoke in San Francisco, CA to human resource professionals. Immigration issues may create discrimination for U.S. citizens because those... Continue Reading Posted at 8:45 PM \| Permalink \| Comments
	Immigrant Legal Resource Center Linda Chan November 20, 2007 The following is not meant to be legal advice. Immigrant Legal Resource Center is a non-profit immigration advocacy organization in San Francisco. There is an attorney of the day program where attorneys answer questions from other immigration law practitioners. ... Continue Reading Posted at 8:43 PM \| Permalink \| Comments
Nov19	Negatives of Arbitration Linda Chan November 19, 2007 The following is not meant to be legal advice. The negatives of arbitration is that there is no recourse if the arbitrator decides incorrectly. The arbitrator may not know the law in the subject, and relies on the parties to... Continue Reading Posted at 10:40 PM \| Permalink \| Comments
	Arbitration in California Linda Chan November 19, 2007 The following is not meant to be legal advice. In California, for arbitration agreements to be enforceable in employment, the employer has to pay for the arbitration. Because arbitration decisions are binding usually, the employer takes it just as serious... Continue Reading Posted at 10:37 PM \| Permalink \| Comments
	Reasons for Alternative Dispute Resolution Linda Chan November 19, 2007 The following is not meant to be legal advice. On November 17, 2007, a partner at a well known firm for employment law spoke in San Francisco on the reasons for alternative dispute resolution mechanisms. The taxpayers pay for... Continue Reading Posted at 10:35 PM \| Permalink \| Comments
Nov18	Corporate Compliance Programs Linda Chan November 18, 2007 The following is not meant to be legal advice. On November 12, 2007, the American Corporate Counsel hosted an event in Mountain View, CA on corporate compliance programs and their challenges and best practices. The speakers included Brian Martin of... Continue Reading Posted at 2:26 PM \| Permalink \| Comments
	Employment Litigation Linda Chan November 18, 2007 The following is not meant to be legal advice.On November 10, 2007, a human resource professional specializing in employee relations spoke in San Francisco about performance management.When there is litigation going on at a company, the human resources personnel should... Continue Reading Posted at 2:23 PM \| Permalink \| Comments
	Performance Management Part VI Linda Chan November 18, 2007 The following is not meant to be legal advice.On November 10, 2007, a human resource professional specializing in employee relations spoke in San Francisco about performance management.Pay for performance comes from getting merit increases when rated a certain way. The... Continue Reading Posted at 2:17 PM \| Permalink \| Comments
	Becoming an Arbitrator or Mediator Linda Chan November 18, 2007 The following is not meant to be legal advice. In most states, there is no particular education or certification requirement to become an arbitrator or mediator. Mediators need to know dispute resolution strategies. This can be gained from taking courses... Continue Reading Posted at 12:30 PM \| Permalink \| Comments
	Mediation versus Arbitration Part III Linda Chan November 18, 2007 The following is not meant to be legal advice. When parties attend mediation, they need to have a willingness to settle. People get more information and room to explore alternatives to settle. In mediation, the parties are allowed to discuss... Continue Reading Posted at 12:27 PM \| Permalink \| Comments
Nov17	IRS Safe Harbor Linda Chan November 17, 2007 The following is not meant to be legal advice. The Internal Revenue Service (IRS) published Revenue Procedure 2007-65, 2007-45 IRB (Rev Proc 2007-65). The announcement establishes a safe harbor for structuring the allocations of tax benefits by partnerships using wind to... Continue Reading Posted at 7:30 PM \| Permalink \| Comments
	Performance Management Part V Linda Chan November 17, 2007 The following is not meant to be legal advice.On November 10, 2007, a human resource professional specializing in employee relations spoke in San Francisco about performance management. Careful communications come from being able to anticipate a future audience. Get a sense... Continue Reading Posted at 2:15 PM \| Permalink \| Comments
	Mediation versus Arbitration Part II Linda Chan November 17, 2007 The following is not meant to be legal advice. Arbitration developed as a way to use experts versus judges to decide cases. The judge may have contributed to the governor or the person who appoints him/her. The judge may... Continue Reading Posted at 12:26 PM \| Permalink \| Comments
	Dispute Resolution Methods Linda Chan November 17, 2007 The following is not meant to be legal advice. On November 11, 2007, an attorney who worked for the National Labor Relations Board, gave a talk in San Francisco, CA on dispute resolution alternatives. Employers need to follow there complaint... Continue Reading Posted at 12:22 PM \| Permalink \| Comments
Nov16	Performance Management Part III Linda Chan November 16, 2007 The following is not meant to be legal advice.On November 10, 2007, a human resource professional specializing in employee relations spoke in San Francisco about performance management.Usually it is rare for human resources to retract a review, but if a... Continue Reading Posted at 11:49 PM \| Permalink \| Comments
	Labor Certification Linda Chan November 16, 2007 The following is not meant to be legal advice. In the labor certification process for a foreign worker to obtain a green card, the person is already hired. The labor certification process is administered by the Department of Labor. The... Continue Reading Posted at 10:21 PM \| Permalink \| Comments
	Proposed Legislation on Immigration Laws Part II Linda Chan November 16, 2007 The following is not meant to be legal advice. When it is difficult to get visas, foreign workers go to other countries versus the U.S. This begins with education since usually foreign workers want to settle where they go to... Continue Reading Posted at 10:19 PM \| Permalink \| Comments
	Performance Management Part IV Linda Chan November 16, 2007 The following is not meant to be legal advice.On November 10, 2007, a human resource professional specializing in employee relations spoke in San Francisco about performance management.Defamation may occur when managers share information about employees’ characters with each other before... Continue Reading Posted at 1:11 AM \| Permalink \| Comments
Nov15	Proposed Legislation on Immigration Laws Part I Linda Chan November 15, 2007 The following is not meant to be legal advice. CompeteAmerica.org is a nonprofit that provides information on what is happening to businesses because of the lack of visas. Every country has a certain amount of visas available to them. For... Continue Reading Posted at 10:17 PM \| Permalink \| Comments
	USCIS Announces New I-9 Form Linda Chan November 15, 2007 The following is not meant to be legal advice. U.S. Citizenship and Immigration Services (USCIS) released on November 8, 2007, a revised I-9 Employment Eligibility Verification Form. The lists of documents that employers may accept as proof of identity and employment... Continue Reading Posted at 9:51 PM \| Permalink \| Comments
	Beijing Great Wheel Linda Chan November 15, 2007 The buzz during the week of November 8, 2007 was on the Beijing Great Wheel. The Beijing is planned to be around 208 metres (that is 682 ft.) when finished in 2009. It is said it will be the highest... Continue Reading Posted at 8:34 PM \| Permalink \| Comments
Nov14	Performance Management Part II Linda Chan November 14, 2007 The following is not meant to be legal advice.On November 10, 2007, a human resource professional specializing in employee relations spoke in San Francisco about performance management. There is consistency when an employee relations team reports to corporate that overlooks... Continue Reading Posted at 10:33 PM \| Permalink \| Comments
	H-1B Cap Linda Chan November 14, 2007 The following is not meant to be legal advice. There is a cap on H-1B visas that can be issued each fiscal year. If a person already has a H-1B visa from one company, and switched companies, the person is... Continue Reading Posted at 10:15 PM \| Permalink \| Comments
	English Only Rules Linda Chan November 14, 2007 The following is not meant to be legal advice. Sometimes in a diverse workplace, people able to speak foreign languages may have a habit in speaking in their native tongues. Co-workers fear that something critical is not being shared. Is... Continue Reading Posted at 9:25 PM \| Permalink \| Comments
	Employee Performance Linda Chan November 14, 2007 The following is not meant to be legal advice.On November 10, 2007, a human resource professional specializing in employee relations spoke in San Francisco about performance management.In performance improvement plans, the employer should be specific on what needs to be... Continue Reading Posted at 9:21 PM \| Permalink \| Comments
Nov13	Performance Management Part I Linda Chan November 13, 2007 The following is not meant to be legal advice.On November 10, 2007, a human resource professional specializing in employee relations spoke in San Francisco about performance management. So much of the law is interpretive. This is why most companies have... Continue Reading Posted at 10:32 PM \| Permalink \| Comments
	Hiring Foreign Nationals Linda Chan November 13, 2007 The following is not meant to be legal advice. On November 10, 2007, an attorney practicing immigration law gave a talk to human resource professionals in San Francisco. The talk had an attentive audience who learned what was needed to... Continue Reading Posted at 10:10 PM \| Permalink \| Comments
	Personal Information on the Internet Part II Linda Chan November 13, 2007 The following is not meant to be legal advice. On November 6, 2007, the Association of Corporate Counsel hosted a seminar in Palo Alto, CA on the issues facing ecommerce 2.0. Speaker Scott R. Shipman, Senior Counsel at eBay, Inc.... Continue Reading Posted at 9:44 PM \| Permalink \| Comments
	Employee Relations Linda Chan November 13, 2007 The following is not meant to be legal advice.On November 10, 2007, a human resource professional specializing in employee relations spoke in San Francisco about performance management.Employers should address rebuttals because if they do not, employees may file claims with... Continue Reading Posted at 9:19 PM \| Permalink \| Comments
Nov12	Mediation versus Arbitration Part I Linda Chan November 12, 2007 The following is not meant to be legal advice. On November 10, 2007, a Harvard law graduate who worked as an arbitrator and mediator, gave a talk in San Francisco on the differences between arbitration and mediation. In mediation,... Continue Reading Posted at 10:24 PM \| Permalink \| Comments
	Critical Nonimmigrant Visa Issues Linda Chan November 12, 2007 The following is not meant to be legal advice. For those who are studying immigration law, it may be helpful to know what some of the abbreviations mean. On November 10, 2007, there was a talk in San Francisco, CA... Continue Reading Posted at 10:09 PM \| Permalink \| Comments
	Second Life Linda Chan November 12, 2007 The following is not meant to be legal advice. On November 6, 2007, the Association of Corporate Counsel hosted a seminar in Palo Alto, CA on the issues facing ecommerce 2.0. Speaker Laura Pirri, Senior Counsel for Linden Lab, spoke... Continue Reading Posted at 5:45 AM \| Permalink \| Comments
	Personal Information on the Internet Part I Linda Chan November 12, 2007 The following is not meant to be legal advice. On November 6, 2007, the Association of Corporate Counsel hosted a seminar in Palo Alto, CA on the issues facing ecommerce 2.0. Speaker Scott R. Shipman, Senior Counsel at eBay, Inc.... Continue Reading Posted at 5:42 AM \| Permalink \| Comments
Nov11	Geography on the Internet Part I Linda Chan November 11, 2007 The following is not meant to be legal advice. On November 6, 2007, the Association of Corporate Counsel hosted a seminar in Palo Alto, CA on the issues facing ecommerce 2.0. Eric Goldman, who is an Assistant Professor and Director... Continue Reading Posted at 3:40 PM \| Permalink \| Comments
	Ecommerce 2.0: The Challenge of Multiples Linda Chan November 11, 2007 The following is not meant to be legal advice. On November 6, 2007, the Association of Corporate Counsel hosted a seminar in Palo Alto, CA on the issues facing ecommerce 2.0. One of the speakers, Eric Goldman, a professor at... Continue Reading Posted at 3:38 PM \| Permalink \| Comments
	NASD Restoration Project Linda Chan November 11, 2007 The following is not meant to be legal advice. Those people trying to look up broker information on the NASD web site may know of the restoration project in 1997. In 1997 there was a meeting between the NASD and... Continue Reading Posted at 9:29 AM \| Permalink \| Comments
	Function of Custodial Bank Linda Chan November 11, 2007 The following is not meant to be legal advice.The function of a custodial bank is to pay for and receive securities on behalf of mutual fund companies. There is usually a time limit for payments, such as 3 days settlement... Continue Reading Posted at 9:28 AM \| Permalink \| Comments
Nov10	Dealer Concessions/Contests Linda Chan November 10, 2007 The following is not meant to be legal advice.According to NASD rules, asset allocation accounts are not fund specific products. They are actually broker-dealer products. There is not only one fund in the program. The distributor (underwriter) can sponsor sales... Continue Reading Posted at 9:22 AM \| Permalink \| Comments
Nov 9	Disability Laws in California Part II Linda Chan November 9, 2007 The following is not meant to be legal advice. On October 20, 2007, Keith Chrestionson and Alex Hernaez of Kauff McClain & McGuire LLP gave a presentation in San Francisco, CA on leave laws to human resource professionals. A person... Continue Reading Posted at 11:48 PM \| Permalink \| Comments
	Town Hall on Behavioral Advertising Part II Linda Chan November 9, 2007 Besides Nicole Wong who spoke on behalf of Google at the November 1- 2, 2007 town hall by the Federal Trade Commission on behavioral targeting online, Chris Kelly, chief privacy officer and head of global public policy, at Facebook, also... Continue Reading Posted at 9:04 PM \| Permalink \| Comments
	Certified Life Underwriter Linda Chan November 9, 2007 The following is not meant to be legal advice.What is the Certified Life Underwriter (CLU) designation on business cards? According to the NASD, it is ok for a representative to have designations on a business card as long as there... Continue Reading Posted at 7:19 PM \| Permalink \| Comments
Nov 8	Reasonable Accommodations Linda Chan November 8, 2007 The following is not meant to be legal advice. On October 20, 2007, Keith Chrestionson and Alex Hernaez of Kauff McClain & McGuire LLP gave a presentation in San Francisco, CA on leave laws to human resource professionals. There are... Continue Reading Posted at 11:46 PM \| Permalink \| Comments
	Disability Laws in California Part I Linda Chan November 8, 2007 The following is not meant to be legal advice. On October 20, 2007, Keith Chrestionson and Alex Hernaez of Kauff McClain & McGuire LLP gave a presentation in San Francisco, CA on leave laws to human resource professionals. Whether someone... Continue Reading Posted at 11:44 PM \| Permalink \| Comments
	Pregnancy Laws Linda Chan November 8, 2007 The following is not meant to be legal advice. On October 20, 2007, Keith Chrestionson and Alex Hernaez of Kauff McClain & McGuire LLP gave a presentation in San Francisco, CA on leave laws to human resource professionals. Pregnancy disability... Continue Reading Posted at 11:43 PM \| Permalink \| Comments
	Town Hall on Behavioral Advertising Part I Linda Chan November 8, 2007 On November 1- 2, 2007, the Federal Trade Commission conducted a two-day “town hall” on behavioral targeting online, entitled Ehavioral Advertising: Tracking, Targeting, & Technology. Among the speakers was Nicole Wong, who is Deputy General Counsel Google, Inc. Prior to joining... Continue Reading Posted at 9:03 PM \| Permalink \| Comments
Nov 7	Intermittent Leave In California Linda Chan November 7, 2007 The following is not meant to be legal advice. On October 20, 2007, Keith Chrestionson and Alex Hernaez of Kauff McClain & McGuire LLP gave a presentation in San Francisco, CA on leave laws to human resource professionals. For intermittent... Continue Reading Posted at 11:41 PM \| Permalink \| Comments
	Medical Certification Forms Linda Chan November 7, 2007 The following is not meant to be legal advice. On October 20, 2007, Keith Chrestionson and Alex Hernaez of Kauff McClain & McGuire LLP gave a presentation in San Francisco, CA on leave laws to human resource professionals. The talk included... Continue Reading Posted at 11:40 PM \| Permalink \| Comments
	Developing Areas in Employment Law Part II Linda Chan November 7, 2007 The following is not meant to be legal advice.On November 3, 2007, there was a talk in San Francisco on developing areas in employment law. Competition issues is also a growing employment law concern. In California, non-competition contracts are not... Continue Reading Posted at 7:43 PM \| Permalink \| Comments
Nov 6	Leaves of Absence Presentation Linda Chan November 6, 2007 The following is not considered legal advice. On October 20, 2007, Keith Chrestionson and Alex Hernaez of Kauff McClain & McGuire, LLP presented in San Francisco, CA on leave laws. The audience responded that their performance kept them awake. The... Continue Reading Posted at 7:45 PM \| Permalink \| Comments
	Harassment Cases in California Part IV Linda Chan November 6, 2007 The following is not meant to be legal advice.Whether an event is considered harassment depends on whether verbal or physical. Staring may be considered a physical conduct. However, a manager who yells at employees may not be considered harassing if... Continue Reading Posted at 7:40 PM \| Permalink \| Comments
	Harassment Cases in California Part III Linda Chan November 6, 2007 The following is not meant to be legal advice.California uses a reasonable woman/person standard to determine harassment. If the conduct is consensual, it may not be considered harassment. Though, there are some cases and some people who have the opinion that... Continue Reading Posted at 7:38 PM \| Permalink \| Comments
	Harassment Cases in California Part II Linda Chan November 6, 2007 The following is not meant to be legal advice.For a hostile environment case, it is difficult to allege harassment with one casual remark. A one time occurrence is not considered pervasive, though it may violate a company’s harassment prevention policy. ... Continue Reading Posted at 7:37 PM \| Permalink \| Comments
Nov 5	401(k) Fiduciary Relief Linda Chan November 5, 2007 The following is not meant to be legal advice. The U.S. Department of Labor (DOL) announced regulations under the Pension Protection Act of 2006 (PPA) on October 24, 2007 that protect fiduciaries of 401(k) plans when selecting qualified default investment... Continue Reading Posted at 10:22 PM \| Permalink \| Comments
	Developing Areas in Employment Law Part I Linda Chan November 5, 2007 The following is not meant to be legal advice.Social networking sites present an issue on privacy and employment decision based on what a person does at his/her own time outside of work. What someone puts up on the Internet, such... Continue Reading Posted at 7:41 PM \| Permalink \| Comments
	Harassment Cases in California Part I Linda Chan November 5, 2007 The following is not meant to be legal advice.What constitutes good reason to terminate someone? In sexual harassment cases, it is difficult to prove that harassment has actually occurred. The accused may be terminated for alleged harassment conduct, and then... Continue Reading Posted at 7:35 PM \| Permalink \| Comments
	FMLA in California Linda Chan November 5, 2007 The following is not meant to be legal advice. On October 20, 2007, Keith Chrestionson and Alex Hernaez of Kauff McClain & McGuire LLP presented in San Francisco on FMLA. They noted that in California employers should be wary of... Continue Reading Posted at 7:12 PM \| Permalink \| Comments
Nov 4	Microsoft and European Union Linda Chan November 4, 2007 The following is not meant to be legal advice. On October 22, 2007, Microsoft Corporation announced that it would not appeal the September 17, 2007 decision of the European Union’s Court of First Instance. The Court of First Instance ruled... Continue Reading Posted at 10:00 PM \| Permalink \| Comments
Nov 3	Behavioral Targeting Linda Chan November 3, 2007 Those attorneys working in advertising might be interested to know that on November 1, 2007, the IAB announced that it testified at the Federal Trade Commission’s hearings on behavioral targeting. The presentation stated that advertising is the economic foundation... Continue Reading Posted at 9:57 PM \| Permalink \| Comments
	General Mills Pizza Linda Chan November 3, 2007 The following is not meant to be legal advice.General Mills announced a voluntary recall of 5 million frozen pepperoni pizzas. The pizzas were sold under the Totino’s pizza and Jeno’s pizza brands. The recalls were due to possible E. coli... Continue Reading Posted at 4:53 PM \| Permalink \| Comments
Nov 2	OpenSocial Linda Chan November 2, 2007 Google has announced an OpenSocial network platform. This was the buzz during the week of November 1, 2007. OpenSocial gives developers standardized tools to write applications and embed them in different sites. This is considered competition for Facebook. Facebook recently... Continue Reading Posted at 9:55 PM \| Permalink \| Comments
	Domestic Partner Defined Linda Chan November 2, 2007 The following is not meant to be legal advice. On October 20, 2007, Alex Hernaez and Keith Chrestionson of Kauff McClain & McGuire LLP gave a talk in San Francisco, CA on the basics of leave laws. In the talk,... Continue Reading Posted at 9:18 PM \| Permalink \| Comments
Nov 1	FMLA/CFRA Basics Linda Chan November 1, 2007 The following is not meant to be legal advice. On October 20, 2007, Alex Hernaez and Keith Chrestionson of Kauff McClain & McGuire LLP gave a talk in San Francisco, CA on the basics of FMLA and CFRA. FMLA means... Continue Reading Posted at 9:16 PM \| Permalink \| Comments

« October 2007 | Main | December 2007 »

Nov30	Civil Rights Affecting Asian Americans and Latinos Linda Chan November 30, 2007 Know More: International law 2.0, International law The following is not meant to be legal advice. On November 29, 2007, McDermott Will & Emery hosted a talk by John Trasvina, President and General Counsel of Mexican American Legal Defense and Educational Fund. The talk was in Palo Alto, CA and began at 6 pm with a dinner of pasta, lasagna, and cheese bread. The attendance included Stanford University undergraduate students. The host was Lucy Koh, who is a partner at McDermott, and invited her husband and mother in law to the event. People can read more about Koh in the Asian American Bar Association newsletter for November 2007. The main sponsor of the event was the Asian Pacific Bar of Silicon Valley. Continue Reading Posted at 8:49 PM \| Permalink \| Comments
Nov29	RealtyTrac.com Linda Chan November 29, 2007 All over the news, the buzz is on foreclosures. It seems that first it was the condos, and now it is the single family homes. Those attorneys looking at new home sales may see that when they go shop there... Continue Reading Posted at 8:04 PM \| Permalink \| Comments
Nov25	Labor Relations – Managers and Employees Linda Chan November 25, 2007 The following is not meant to be legal advice.On November 17, 2007, there was a presentation in San Francisco, CA by members of the University of California on labor unions. Where do management rights come from?Management rights come from the... Continue Reading Posted at 9:23 PM \| Permalink \| Comments
Nov24	Carbon Monitoring for Action (CARMA) Linda Chan November 24, 2007 The following is not meant to be legal advice. For attorneys in environmental law, they may already know that Carbon Monitoring for Action (CARMA) launched a web site for carbon emissions. The web seems to be changing the way for... Continue Reading Posted at 10:38 AM \| Permalink \| Comments
Nov23	Goldman Sachs Linda Chan November 23, 2007 The following is not meant to be legal advice. One of the buzz topics for November 2007 is Goldman Sachs bringing about numerous corporate deals. What role did it play in the contract negotiations involving the New York Yankees and... Continue Reading Posted at 10:34 AM \| Permalink \| Comments
Nov22	Freddie Mac Linda Chan November 22, 2007 The following is not meant to be legal advice. The buzz topics for the week of November 21, 2007 included Freddie Mac, a government sponsored enterprise designed to assist financing to the mortgage market, announcing Tuesday that it is looking... Continue Reading Posted at 10:29 AM \| Permalink \| Comments
Nov21	Workplace Violence Linda Chan November 21, 2007 The following is not meant to be legal advice. On November 17, 2007, a member of the University of California gave a talk in San Francisco, CA on workplace violence. A person who is not a manager witnessing violence does... Continue Reading Posted at 9:34 PM \| Permalink \| Comments
	Maintaining Positive Union Relations Linda Chan November 21, 2007 The following is not meant to be legal advice. When a company’s management makes changes, it is required to give the union notice. When questioned of the change, the company needs to show documentation. For example, a company must send... Continue Reading Posted at 9:31 PM \| Permalink \| Comments
	NLRB vs. Weingarten 1975 U.S. Supreme Court Decision Linda Chan November 21, 2007 The following is not meant to be legal advice. Weingarten was a case about unfair labor practices. A union may file against management saying management violated the law in that the employee was not given representation, due process. Employees need... Continue Reading Posted at 9:27 PM \| Permalink \| Comments
Nov20	Immigration Issues Linda Chan November 20, 2007 The following is not meant to be legal advice. On November 17, 2007, an attorney of the Immigrant Legal Resource Center spoke in San Francisco, CA to human resource professionals. Immigration issues may create discrimination for U.S. citizens because those... Continue Reading Posted at 8:45 PM \| Permalink \| Comments
	Immigrant Legal Resource Center Linda Chan November 20, 2007 The following is not meant to be legal advice. Immigrant Legal Resource Center is a non-profit immigration advocacy organization in San Francisco. There is an attorney of the day program where attorneys answer questions from other immigration law practitioners. ... Continue Reading Posted at 8:43 PM \| Permalink \| Comments
Nov19	Negatives of Arbitration Linda Chan November 19, 2007 The following is not meant to be legal advice. The negatives of arbitration is that there is no recourse if the arbitrator decides incorrectly. The arbitrator may not know the law in the subject, and relies on the parties to... Continue Reading Posted at 10:40 PM \| Permalink \| Comments
	Arbitration in California Linda Chan November 19, 2007 The following is not meant to be legal advice. In California, for arbitration agreements to be enforceable in employment, the employer has to pay for the arbitration. Because arbitration decisions are binding usually, the employer takes it just as serious... Continue Reading Posted at 10:37 PM \| Permalink \| Comments
	Reasons for Alternative Dispute Resolution Linda Chan November 19, 2007 The following is not meant to be legal advice. On November 17, 2007, a partner at a well known firm for employment law spoke in San Francisco on the reasons for alternative dispute resolution mechanisms. The taxpayers pay for... Continue Reading Posted at 10:35 PM \| Permalink \| Comments
Nov18	Corporate Compliance Programs Linda Chan November 18, 2007 The following is not meant to be legal advice. On November 12, 2007, the American Corporate Counsel hosted an event in Mountain View, CA on corporate compliance programs and their challenges and best practices. The speakers included Brian Martin of... Continue Reading Posted at 2:26 PM \| Permalink \| Comments
	Employment Litigation Linda Chan November 18, 2007 The following is not meant to be legal advice.On November 10, 2007, a human resource professional specializing in employee relations spoke in San Francisco about performance management.When there is litigation going on at a company, the human resources personnel should... Continue Reading Posted at 2:23 PM \| Permalink \| Comments
	Performance Management Part VI Linda Chan November 18, 2007 The following is not meant to be legal advice.On November 10, 2007, a human resource professional specializing in employee relations spoke in San Francisco about performance management.Pay for performance comes from getting merit increases when rated a certain way. The... Continue Reading Posted at 2:17 PM \| Permalink \| Comments
	Becoming an Arbitrator or Mediator Linda Chan November 18, 2007 The following is not meant to be legal advice. In most states, there is no particular education or certification requirement to become an arbitrator or mediator. Mediators need to know dispute resolution strategies. This can be gained from taking courses... Continue Reading Posted at 12:30 PM \| Permalink \| Comments
	Mediation versus Arbitration Part III Linda Chan November 18, 2007 The following is not meant to be legal advice. When parties attend mediation, they need to have a willingness to settle. People get more information and room to explore alternatives to settle. In mediation, the parties are allowed to discuss... Continue Reading Posted at 12:27 PM \| Permalink \| Comments
Nov17	IRS Safe Harbor Linda Chan November 17, 2007 The following is not meant to be legal advice. The Internal Revenue Service (IRS) published Revenue Procedure 2007-65, 2007-45 IRB (Rev Proc 2007-65). The announcement establishes a safe harbor for structuring the allocations of tax benefits by partnerships using wind to... Continue Reading Posted at 7:30 PM \| Permalink \| Comments
	Performance Management Part V Linda Chan November 17, 2007 The following is not meant to be legal advice.On November 10, 2007, a human resource professional specializing in employee relations spoke in San Francisco about performance management. Careful communications come from being able to anticipate a future audience. Get a sense... Continue Reading Posted at 2:15 PM \| Permalink \| Comments
	Mediation versus Arbitration Part II Linda Chan November 17, 2007 The following is not meant to be legal advice. Arbitration developed as a way to use experts versus judges to decide cases. The judge may have contributed to the governor or the person who appoints him/her. The judge may... Continue Reading Posted at 12:26 PM \| Permalink \| Comments
	Dispute Resolution Methods Linda Chan November 17, 2007 The following is not meant to be legal advice. On November 11, 2007, an attorney who worked for the National Labor Relations Board, gave a talk in San Francisco, CA on dispute resolution alternatives. Employers need to follow there complaint... Continue Reading Posted at 12:22 PM \| Permalink \| Comments
Nov16	Performance Management Part III Linda Chan November 16, 2007 The following is not meant to be legal advice.On November 10, 2007, a human resource professional specializing in employee relations spoke in San Francisco about performance management.Usually it is rare for human resources to retract a review, but if a... Continue Reading Posted at 11:49 PM \| Permalink \| Comments
	Labor Certification Linda Chan November 16, 2007 The following is not meant to be legal advice. In the labor certification process for a foreign worker to obtain a green card, the person is already hired. The labor certification process is administered by the Department of Labor. The... Continue Reading Posted at 10:21 PM \| Permalink \| Comments
	Proposed Legislation on Immigration Laws Part II Linda Chan November 16, 2007 The following is not meant to be legal advice. When it is difficult to get visas, foreign workers go to other countries versus the U.S. This begins with education since usually foreign workers want to settle where they go to... Continue Reading Posted at 10:19 PM \| Permalink \| Comments
	Performance Management Part IV Linda Chan November 16, 2007 The following is not meant to be legal advice.On November 10, 2007, a human resource professional specializing in employee relations spoke in San Francisco about performance management.Defamation may occur when managers share information about employees’ characters with each other before... Continue Reading Posted at 1:11 AM \| Permalink \| Comments
Nov15	Proposed Legislation on Immigration Laws Part I Linda Chan November 15, 2007 The following is not meant to be legal advice. CompeteAmerica.org is a nonprofit that provides information on what is happening to businesses because of the lack of visas. Every country has a certain amount of visas available to them. For... Continue Reading Posted at 10:17 PM \| Permalink \| Comments
	USCIS Announces New I-9 Form Linda Chan November 15, 2007 The following is not meant to be legal advice. U.S. Citizenship and Immigration Services (USCIS) released on November 8, 2007, a revised I-9 Employment Eligibility Verification Form. The lists of documents that employers may accept as proof of identity and employment... Continue Reading Posted at 9:51 PM \| Permalink \| Comments
	Beijing Great Wheel Linda Chan November 15, 2007 The buzz during the week of November 8, 2007 was on the Beijing Great Wheel. The Beijing is planned to be around 208 metres (that is 682 ft.) when finished in 2009. It is said it will be the highest... Continue Reading Posted at 8:34 PM \| Permalink \| Comments
Nov14	Performance Management Part II Linda Chan November 14, 2007 The following is not meant to be legal advice.On November 10, 2007, a human resource professional specializing in employee relations spoke in San Francisco about performance management. There is consistency when an employee relations team reports to corporate that overlooks... Continue Reading Posted at 10:33 PM \| Permalink \| Comments
	H-1B Cap Linda Chan November 14, 2007 The following is not meant to be legal advice. There is a cap on H-1B visas that can be issued each fiscal year. If a person already has a H-1B visa from one company, and switched companies, the person is... Continue Reading Posted at 10:15 PM \| Permalink \| Comments
	English Only Rules Linda Chan November 14, 2007 The following is not meant to be legal advice. Sometimes in a diverse workplace, people able to speak foreign languages may have a habit in speaking in their native tongues. Co-workers fear that something critical is not being shared. Is... Continue Reading Posted at 9:25 PM \| Permalink \| Comments
	Employee Performance Linda Chan November 14, 2007 The following is not meant to be legal advice.On November 10, 2007, a human resource professional specializing in employee relations spoke in San Francisco about performance management.In performance improvement plans, the employer should be specific on what needs to be... Continue Reading Posted at 9:21 PM \| Permalink \| Comments
Nov13	Performance Management Part I Linda Chan November 13, 2007 The following is not meant to be legal advice.On November 10, 2007, a human resource professional specializing in employee relations spoke in San Francisco about performance management. So much of the law is interpretive. This is why most companies have... Continue Reading Posted at 10:32 PM \| Permalink \| Comments
	Hiring Foreign Nationals Linda Chan November 13, 2007 The following is not meant to be legal advice. On November 10, 2007, an attorney practicing immigration law gave a talk to human resource professionals in San Francisco. The talk had an attentive audience who learned what was needed to... Continue Reading Posted at 10:10 PM \| Permalink \| Comments
	Personal Information on the Internet Part II Linda Chan November 13, 2007 The following is not meant to be legal advice. On November 6, 2007, the Association of Corporate Counsel hosted a seminar in Palo Alto, CA on the issues facing ecommerce 2.0. Speaker Scott R. Shipman, Senior Counsel at eBay, Inc.... Continue Reading Posted at 9:44 PM \| Permalink \| Comments
	Employee Relations Linda Chan November 13, 2007 The following is not meant to be legal advice.On November 10, 2007, a human resource professional specializing in employee relations spoke in San Francisco about performance management.Employers should address rebuttals because if they do not, employees may file claims with... Continue Reading Posted at 9:19 PM \| Permalink \| Comments
Nov12	Mediation versus Arbitration Part I Linda Chan November 12, 2007 The following is not meant to be legal advice. On November 10, 2007, a Harvard law graduate who worked as an arbitrator and mediator, gave a talk in San Francisco on the differences between arbitration and mediation. In mediation,... Continue Reading Posted at 10:24 PM \| Permalink \| Comments
	Critical Nonimmigrant Visa Issues Linda Chan November 12, 2007 The following is not meant to be legal advice. For those who are studying immigration law, it may be helpful to know what some of the abbreviations mean. On November 10, 2007, there was a talk in San Francisco, CA... Continue Reading Posted at 10:09 PM \| Permalink \| Comments
	Second Life Linda Chan November 12, 2007 The following is not meant to be legal advice. On November 6, 2007, the Association of Corporate Counsel hosted a seminar in Palo Alto, CA on the issues facing ecommerce 2.0. Speaker Laura Pirri, Senior Counsel for Linden Lab, spoke... Continue Reading Posted at 5:45 AM \| Permalink \| Comments
	Personal Information on the Internet Part I Linda Chan November 12, 2007 The following is not meant to be legal advice. On November 6, 2007, the Association of Corporate Counsel hosted a seminar in Palo Alto, CA on the issues facing ecommerce 2.0. Speaker Scott R. Shipman, Senior Counsel at eBay, Inc.... Continue Reading Posted at 5:42 AM \| Permalink \| Comments
Nov11	Geography on the Internet Part I Linda Chan November 11, 2007 The following is not meant to be legal advice. On November 6, 2007, the Association of Corporate Counsel hosted a seminar in Palo Alto, CA on the issues facing ecommerce 2.0. Eric Goldman, who is an Assistant Professor and Director... Continue Reading Posted at 3:40 PM \| Permalink \| Comments
	Ecommerce 2.0: The Challenge of Multiples Linda Chan November 11, 2007 The following is not meant to be legal advice. On November 6, 2007, the Association of Corporate Counsel hosted a seminar in Palo Alto, CA on the issues facing ecommerce 2.0. One of the speakers, Eric Goldman, a professor at... Continue Reading Posted at 3:38 PM \| Permalink \| Comments
	NASD Restoration Project Linda Chan November 11, 2007 The following is not meant to be legal advice. Those people trying to look up broker information on the NASD web site may know of the restoration project in 1997. In 1997 there was a meeting between the NASD and... Continue Reading Posted at 9:29 AM \| Permalink \| Comments
	Function of Custodial Bank Linda Chan November 11, 2007 The following is not meant to be legal advice.The function of a custodial bank is to pay for and receive securities on behalf of mutual fund companies. There is usually a time limit for payments, such as 3 days settlement... Continue Reading Posted at 9:28 AM \| Permalink \| Comments
Nov10	Dealer Concessions/Contests Linda Chan November 10, 2007 The following is not meant to be legal advice.According to NASD rules, asset allocation accounts are not fund specific products. They are actually broker-dealer products. There is not only one fund in the program. The distributor (underwriter) can sponsor sales... Continue Reading Posted at 9:22 AM \| Permalink \| Comments
Nov 9	Disability Laws in California Part II Linda Chan November 9, 2007 The following is not meant to be legal advice. On October 20, 2007, Keith Chrestionson and Alex Hernaez of Kauff McClain & McGuire LLP gave a presentation in San Francisco, CA on leave laws to human resource professionals. A person... Continue Reading Posted at 11:48 PM \| Permalink \| Comments
	Town Hall on Behavioral Advertising Part II Linda Chan November 9, 2007 Besides Nicole Wong who spoke on behalf of Google at the November 1- 2, 2007 town hall by the Federal Trade Commission on behavioral targeting online, Chris Kelly, chief privacy officer and head of global public policy, at Facebook, also... Continue Reading Posted at 9:04 PM \| Permalink \| Comments
	Certified Life Underwriter Linda Chan November 9, 2007 The following is not meant to be legal advice.What is the Certified Life Underwriter (CLU) designation on business cards? According to the NASD, it is ok for a representative to have designations on a business card as long as there... Continue Reading Posted at 7:19 PM \| Permalink \| Comments
Nov 8	Reasonable Accommodations Linda Chan November 8, 2007 The following is not meant to be legal advice. On October 20, 2007, Keith Chrestionson and Alex Hernaez of Kauff McClain & McGuire LLP gave a presentation in San Francisco, CA on leave laws to human resource professionals. There are... Continue Reading Posted at 11:46 PM \| Permalink \| Comments
	Disability Laws in California Part I Linda Chan November 8, 2007 The following is not meant to be legal advice. On October 20, 2007, Keith Chrestionson and Alex Hernaez of Kauff McClain & McGuire LLP gave a presentation in San Francisco, CA on leave laws to human resource professionals. Whether someone... Continue Reading Posted at 11:44 PM \| Permalink \| Comments
	Pregnancy Laws Linda Chan November 8, 2007 The following is not meant to be legal advice. On October 20, 2007, Keith Chrestionson and Alex Hernaez of Kauff McClain & McGuire LLP gave a presentation in San Francisco, CA on leave laws to human resource professionals. Pregnancy disability... Continue Reading Posted at 11:43 PM \| Permalink \| Comments
	Town Hall on Behavioral Advertising Part I Linda Chan November 8, 2007 On November 1- 2, 2007, the Federal Trade Commission conducted a two-day “town hall” on behavioral targeting online, entitled Ehavioral Advertising: Tracking, Targeting, & Technology. Among the speakers was Nicole Wong, who is Deputy General Counsel Google, Inc. Prior to joining... Continue Reading Posted at 9:03 PM \| Permalink \| Comments
Nov 7	Intermittent Leave In California Linda Chan November 7, 2007 The following is not meant to be legal advice. On October 20, 2007, Keith Chrestionson and Alex Hernaez of Kauff McClain & McGuire LLP gave a presentation in San Francisco, CA on leave laws to human resource professionals. For intermittent... Continue Reading Posted at 11:41 PM \| Permalink \| Comments
	Medical Certification Forms Linda Chan November 7, 2007 The following is not meant to be legal advice. On October 20, 2007, Keith Chrestionson and Alex Hernaez of Kauff McClain & McGuire LLP gave a presentation in San Francisco, CA on leave laws to human resource professionals. The talk included... Continue Reading Posted at 11:40 PM \| Permalink \| Comments
	Developing Areas in Employment Law Part II Linda Chan November 7, 2007 The following is not meant to be legal advice.On November 3, 2007, there was a talk in San Francisco on developing areas in employment law. Competition issues is also a growing employment law concern. In California, non-competition contracts are not... Continue Reading Posted at 7:43 PM \| Permalink \| Comments
Nov 6	Leaves of Absence Presentation Linda Chan November 6, 2007 The following is not considered legal advice. On October 20, 2007, Keith Chrestionson and Alex Hernaez of Kauff McClain & McGuire, LLP presented in San Francisco, CA on leave laws. The audience responded that their performance kept them awake. The... Continue Reading Posted at 7:45 PM \| Permalink \| Comments
	Harassment Cases in California Part IV Linda Chan November 6, 2007 The following is not meant to be legal advice.Whether an event is considered harassment depends on whether verbal or physical. Staring may be considered a physical conduct. However, a manager who yells at employees may not be considered harassing if... Continue Reading Posted at 7:40 PM \| Permalink \| Comments
	Harassment Cases in California Part III Linda Chan November 6, 2007 The following is not meant to be legal advice.California uses a reasonable woman/person standard to determine harassment. If the conduct is consensual, it may not be considered harassment. Though, there are some cases and some people who have the opinion that... Continue Reading Posted at 7:38 PM \| Permalink \| Comments
	Harassment Cases in California Part II Linda Chan November 6, 2007 The following is not meant to be legal advice.For a hostile environment case, it is difficult to allege harassment with one casual remark. A one time occurrence is not considered pervasive, though it may violate a company’s harassment prevention policy. ... Continue Reading Posted at 7:37 PM \| Permalink \| Comments
Nov 5	401(k) Fiduciary Relief Linda Chan November 5, 2007 The following is not meant to be legal advice. The U.S. Department of Labor (DOL) announced regulations under the Pension Protection Act of 2006 (PPA) on October 24, 2007 that protect fiduciaries of 401(k) plans when selecting qualified default investment... Continue Reading Posted at 10:22 PM \| Permalink \| Comments
	Developing Areas in Employment Law Part I Linda Chan November 5, 2007 The following is not meant to be legal advice.Social networking sites present an issue on privacy and employment decision based on what a person does at his/her own time outside of work. What someone puts up on the Internet, such... Continue Reading Posted at 7:41 PM \| Permalink \| Comments
	Harassment Cases in California Part I Linda Chan November 5, 2007 The following is not meant to be legal advice.What constitutes good reason to terminate someone? In sexual harassment cases, it is difficult to prove that harassment has actually occurred. The accused may be terminated for alleged harassment conduct, and then... Continue Reading Posted at 7:35 PM \| Permalink \| Comments
	FMLA in California Linda Chan November 5, 2007 The following is not meant to be legal advice. On October 20, 2007, Keith Chrestionson and Alex Hernaez of Kauff McClain & McGuire LLP presented in San Francisco on FMLA. They noted that in California employers should be wary of... Continue Reading Posted at 7:12 PM \| Permalink \| Comments
Nov 4	Microsoft and European Union Linda Chan November 4, 2007 The following is not meant to be legal advice. On October 22, 2007, Microsoft Corporation announced that it would not appeal the September 17, 2007 decision of the European Union’s Court of First Instance. The Court of First Instance ruled... Continue Reading Posted at 10:00 PM \| Permalink \| Comments
Nov 3	Behavioral Targeting Linda Chan November 3, 2007 Those attorneys working in advertising might be interested to know that on November 1, 2007, the IAB announced that it testified at the Federal Trade Commission’s hearings on behavioral targeting. The presentation stated that advertising is the economic foundation... Continue Reading Posted at 9:57 PM \| Permalink \| Comments
	General Mills Pizza Linda Chan November 3, 2007 The following is not meant to be legal advice.General Mills announced a voluntary recall of 5 million frozen pepperoni pizzas. The pizzas were sold under the Totino’s pizza and Jeno’s pizza brands. The recalls were due to possible E. coli... Continue Reading Posted at 4:53 PM \| Permalink \| Comments
Nov 2	OpenSocial Linda Chan November 2, 2007 Google has announced an OpenSocial network platform. This was the buzz during the week of November 1, 2007. OpenSocial gives developers standardized tools to write applications and embed them in different sites. This is considered competition for Facebook. Facebook recently... Continue Reading Posted at 9:55 PM \| Permalink \| Comments
	Domestic Partner Defined Linda Chan November 2, 2007 The following is not meant to be legal advice. On October 20, 2007, Alex Hernaez and Keith Chrestionson of Kauff McClain & McGuire LLP gave a talk in San Francisco, CA on the basics of leave laws. In the talk,... Continue Reading Posted at 9:18 PM \| Permalink \| Comments
Nov 1	FMLA/CFRA Basics Linda Chan November 1, 2007 The following is not meant to be legal advice. On October 20, 2007, Alex Hernaez and Keith Chrestionson of Kauff McClain & McGuire LLP gave a talk in San Francisco, CA on the basics of FMLA and CFRA. FMLA means... Continue Reading Posted at 9:16 PM \| Permalink \| Comments

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