One procurement tool that the government is using vigorously to accelerate its response to recent terrorist threats has been available since 1950—the little-known Defense Production Act.

On April 30, 2007, the U.S. Supreme Court issued its most recent patent decision, KSR International Co. v. Teleflex Inc., 550 U.S. __ (2007), in which it rejected what it deemed was a "rigid" and "narrow" test for determining the invalidity of a patent.

For the first time, a U.S. multinational organization has been fined for violations of the E.U.'s Data Protection Directive, following a recent clampdown by European data protection authorities on breaches of the E.U.'s strict data protection regime.

In a victory for employers, the California Supreme Court in Dore v. Arnold Worldwide, Inc., Case No. S124494 (August 3, 2006) clarified that an "at will" provision in an employment agreement is enforceable based on its plain meaning, namely, the employment can be terminated at any time, with or without cause.

In March of this year, China dealt a strong blow to the international investment community by abolishing certain tax holidays and exemptions.

Court holds that liability under the Unruh Act is limited to actual business patrons

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.

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.

Expense reimbursement continues to be a hot topic in California wage and hour law.

China's growing population of over 1.3 billion potential consumers, coupled with their rapidly growing disposable income, is becoming a huge marketplace for products protected by intellectual property laws (IP).

In Bates v. United Parcel Service, Inc. ("Bates") Case No. CV-99-02216-TEH, filed on December 28, 2007, the Ninth Circuit, sitting en banc, overruled in part its previous holding in Morton v. United Parcel Service, Inc., 272 F.3d 1249 (9th Cir. 2001) ("Morton"), with respect to the showing an employer must make when asserting an affirmative defense to an American with Disability Act ("ADA") claim.

The 2007 session of the California Legislature produced a number of new laws which will impact the state's private sector employers in the coming year. Below is an overview of those laws we view as most significant.

Many U.S. companies have begun to utilize the U.S. International Trade Commission ("ITC") to seek relief from imported goods that infringe on a domestic producer’s patent, trademark, or copyright. The Commission also can redress acts of unfair competition, misappropriation of trade secrets, passing off, false advertising, and violations of the antitrust laws.

India is now the fourth largest economy in the world and the second fastest growing economy in the world. With consistent 7% growth during the past few years it is chasing and catching the Chinese Dragon, which is trying to depress a growth rate of 9+% to avoid overheating. Both economies desire and require foreign investment.

n Revenue Ruling 2007-49, the Internal Revenue Service clarified the income tax consequences under section 83 of the Internal Revenue Code if restrictions are imposed on substantially vested stock causing that stock to become substantially nonvested.

Recent events foreshadow the opportunities and challenges that Chinese companies and their investors will face in both the U.S. and People’s Republic of China as they seek to access the public capital markets.

Starbucks, after an almost two year legal battle in the Shanghai No. 2 Intermediate People’s Court, was granted 500,000 RMB for the infringement of its trademark by a Chinese company.

For the first time, the Federal Rules of Civil Procedure (FRCP) explicitly recognize electronically stored information (or "e-discovery") as requiring specific rules governing discovery. The amendments, effective December 1, 2006, broadly incorporate e-discovery as subject to disclosure requirements, and provide a framework for resolving related issues.

Two recent court decisions in California and New York call into question the continued viability of the unfinished business theory (the so-called "Jewel" doctrine).

In this article, Thelen reviews several recent FCC actions affecting cable television systems, cable programmers, and broadcast stations.