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By Stephen Palley
Business method patents have been the source of controversy ever since their formal recognition by the Federal Circuit in the late 1990's.
By David Tang, Jun Li, Bill Zhang
China promulgated its first Regulations on the Administration of Foreign Exchange ("Original Regulations") in 1996, which were last updated in 1997.
By David Bacon
In Metropolitan Life Ins. Co. v. Glenn, __U.S.__(2008), 2008 U.S. LEXIS 5053 (June 19, 2008), the Supreme Court addressed two important and closely-related related issues involving the situation in which a plan administrator who also funds plan benefits decides claims appeals under an ERISA plan.
By Mary Mathew, R. Michael Cestaro
In another Ninth Circuit case involving Microsoft Corporation, a district court ruled last fall that a software company is entitled to recover statutory damages under both the Copyright and Lanham Acts against those who sell and distribute counterfeit software, where the software maker suffers distinct injuries to different interests as a result of the infringement.
By James Mitchell, Michael Connolly
In a decision arising out of the 2000-2001 Western energy crisis, the Supreme Court of the United States has ruled that where the rates included in a wholesale power sale agreement were freely negotiated between the buyer and the seller, the Federal Energy Regulatory Commission (FERC) is required to presume that the rate meets the "just and reasonable" standard under the Federal Power Act.
By David Tang, Julian Y. Zou
On August 1, 2008, China's new Anti-Monopoly Law (the "AML") took effect. and two days later the Provisions on the Declaration of Concentration of Business Operators also became effective.
By David Bacon, Charles Dyke, Charles Kaplan
On February 20, 2008, the United States Supreme Court held in LaRue v. DeWolff, Boberg & Associates, Inc. that an individual participant in a 401(k) plan may sue under the Employee Retirement Income Security Act of 1974, as amended ("ERISA") for lost-profits damages caused by the plan administrator's alleged breach of fiduciary duty.
By Bruce Rich
Small business reporting companies got their long-awaited Christmas gift from the SEC of simplification and scaling of their disclosure requirements and of expansion of the small business issuer category upon the SEC issuance of SEC Release No. 33-8876.
By Jennifer Persico
In what the concurring judge and a member of the NLRB called a "somewhat peculiar" outcome, a divided D.C. Circuit recently held that undocumented workers are considered "employees" under the National Labor Relations Act (NLRA), even though it is unlawful for companies to employ such workers.
By Stephanie Henderson
In the first Court of Appeal decision following the Supreme Court's recent decision in Prachaseisoraedj v. Ralphs Grocery Co., Inc., 42 Cal.4th 217 (2007), the Second District upheld a compensation plan that allowed an employee to direct his employer to purchase shares in the company's stock on his behalf with a portion of his cash compensation.
By Tonie Bitseff
On December 26, 2007, United States District Judge Jeffery White granted summary judgment in favor of the Golden Gate Restaurant Association's challenge to the San Francisco Health Care Security Ordinance. The judge held that the Ordinance is invalid because it is preempted by the Employee Retirement Income Security Act of 1974 (ERISA) and issued an injunction against implementation.
By Michael Curtis
In NLRB v. Friendly Cab Company, Inc. (January 8, 2008, Slip Opn. No. 05-73752) ("Friendly Cab"), the Ninth Circuit Court of Appeals applied and clarified the "common law agency test" to hold that taxicab drivers are "employees" and not "independent contractors."
By Geoffrey Perkins
On November 15, 2007, the Securities and Exchange Commission (the “SEC”) voted unanimously to adopt changes to Rules 144 and 145 under the Securities Act of 1933, as amended (the “Securities Act”), including a change to shorten the holding period requirements for restricted securities.
By Jerome Akman, Daniel Berman, Gerald Towne, Carl Valenstein
On December 28, 2007, representatives of the United States and Finland exchanged instruments ratifying and entering into force a new protocol (the “Protocol”) amending the 1989 bilateral income tax treaty between the two countries (the “Treaty”).
By Linda Husar, Steven Katz, Ann Smith
"The authors discuss meal and rest break litigation in California, a recent decision by the California Supreme Court, the issues that that decision settles and leaves unsettled, and questions employers should consider in auditing their practices and creating compliance programs to avoid future liability."
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