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  • Article

    China Pushing Forward With IP Protection

    Intellectual property protection has recently become a hot topic in China, as numerous Chinese industrial executives, legal scholars, and government officials have begun to collaborate on how to strengthen the country’s IP protection.
    ChinaIntellectual Property
    Thelen LLP
    Thelen LLP
  • Article

    Financial Institutions Under Scrutiny For E.U. Data Security Breaches: Lessons To Be Learned

    The European data protection authorities have been cracking down on data security breaches and the UK has recently focused its attention on financial institutions who have violated the Data Protection Act 1998 (DPA).
    European UnionPrivacy
    Thelen LLP
    Thelen LLP
  • Article

    Fashion Law: Why (And How) You Should Copyright Your Work

    Copyright protects original, non-useful works of authorship fixed in a tangible medium of expression.
    United StatesIntellectual Property
    Thelen LLP
    Thelen LLP
  • Article

    California Supreme Court Deals Death Blow To Jewel V. Boxer For Hourly Fee Cases In State

    The California Supreme Court has decided the fate of the unfinished business rule for hourly fee cases in the state with its long-awaited decision in Heller Ehrman LLP v. Davis Wright Tremaine LLP.
    United StatesLaw Department Performance
    Holland & Knight
    Holland & Knight
  • Article

    Negotiating Merger Remedies with the Antitrust Division and Litigating the Proposed Fix

    Since the passage of the Hart-Scott-Rodino Antitrust Improvements Act of 1976, 15 U.S.C. §18(a) ("HSR Act"), the Antitrust Division frequently negotiates with merging parties as to appropriate potential relief that falls short of fully blocking a proposed merger.
    United StatesAntitrust/Competition Law
    Thelen LLP
    Thelen LLP
  • Article

    Disclosing Related Party Transactions Under the New Executive Compensation Regulations

    For many years, issuers have been required to disclose in their proxy statements the existence of transactions between the issuer and parties related to it. The SEC has recently amended Item 404 of Regulation S-K to broaden both the class of persons and the class of transactions requiring this disclosure.
    United StatesCorporate/Commercial Law
    Thelen LLP
    Thelen LLP
  • Article

    Intellectual Property Administrative Enforcement in China

    Intellectual property (IP) infringement is a grave concern of multinational companies operating in China. Piracy is rife, and the loss of one's investment in developing IP can seriously hurt a company. As such, there are several methods of enforcing IP rights in China.
    ChinaIntellectual Property
    Thelen LLP
    Thelen LLP
  • Article

    A Renewable Generation Owner´s Guide To Getting Renewable Energy Certificates From WREGIS

    California is in the process of changing the method by which renewable electricity generation is tracked (and the associated environmental attributes transferred) for purposes of compliance with its Renewable Portfolio Standard (RPS) program.
    United StatesEnergy and Natural Resources
    Thelen LLP
    Thelen LLP
  • Article

    Submetering Of Electricity For Commercial Buildings

    The California Public Utilities Commission (CPUC) recently issued a decision allowing submetering of electricity in multi-story commercial buildings. Since 1962, commercial tenants that do not have individual utility-owned electric meters have been paying for their electricity usage through their rent, with the costs typically allocated in proportion to their square footage.
    United StatesEnergy and Natural Resources
    Thelen LLP
    Thelen LLP
  • Article

    U.S. Supreme Court Issues Seminal Environmental Opinion In Massachusetts v. Environmental Protection Agency

    In an historic, 5-4 decision, the United States Supreme Court clarified the authority of the Environmental Protection Agency ("EPA") to regulate greenhouse gas emissions pursuant to the Clean Air Act.
    United StatesEnvironment
    Thelen LLP
    Thelen LLP
  • Article

    New Rules For Singapore Arbitration

    Companies throughout Asia Pacific grapple with choice of law and choice of forum issues in every contract.
    ChinaLitigation, Mediation & Arbitration
    Thelen LLP
    Thelen LLP
  • Article

    Bankrupt Law Firm Unfinished Business Question To California Supreme Court

    The multimillion-dollar answer of who owns the rights to unfinished business when law firms fail rests with the California Supreme Court.
    United StatesInsolvency/Bankruptcy/Re-Structuring
    Stoll Keenon Ogden PLLC
    Stoll Keenon Ogden PLLC
  • Article

    California Court Rules Workers "Regarded As" Disabled are Entitled to Reasonable Accommodation Under State Anti-Discrimination Law

    In Gelfo v. Lockheed Martin Corporation, No. B178676 (June 2, 2006), the California Court of Appeal, Second District, issued the first published California court decision holding that the state’s Fair Employment and Housing Act ("FEHA") requires employers to engage in the "interactive process" and provide reasonable accommodation to workers "regarded as" disabled by the employer, even if they are not actually disabled.
    United StatesEmployment and HR
    Thelen LLP
    Thelen LLP
  • Article

    Building New Transmission For Renewable Energy: California´s RETI Process

    The Renewable Energy Transmission Initiative (RETI) was recently launched with the goal of getting transmission planned and built to areas with developable renewable energy resources. RETI is structured as a collaborative stakeholder process, bringing together interested parties and agencies to identify transmission projects needed to accommodate California’s renewable energy goals.
    United StatesEnergy and Natural Resources
    Thelen LLP
    Thelen LLP
  • Article

    U.S. Patent And Trademark Office Publishes New Rules On Continuation And Claiming Practice

    After a year of debate, the United States Patent and Trademark Office (USPTO) has published final rules on August 21, 2007 (effective November 1, 2007), which substantially change current patent prosecution practice. In-house counsel as well as patent counsel and patent managers should inquire as to how their patent portfolio and patent litigation strategies might be affected by these changes.
    United StatesIntellectual Property
    Thelen LLP
    Thelen LLP
  • Article

    California Court of Appeal Decision Will Impact Discovery in Cases Involving Claims Based on Misappropriation of Trade Secrets

    In a case of first impression, on September 13, 2005, the California Court of Appeal, Second Appellate District, Division Six, in Advanced Modular Sputtering Inc. v. Superior Court (B181405, B183766), answered two questions involving trade secret discovery in civil cases.
    United StatesLitigation, Mediation & Arbitration
    Thelen LLP
    Thelen LLP
  • Article

    Ninth Circuit Holds That Taxi Drivers Are Employees, Not Independent Contractors

    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."
    United StatesLitigation, Mediation & Arbitration
    Thelen LLP
    Thelen LLP
  • Article

    China’s New Draft Labor Contract Law—Help or Hindrance?

    The State Council of the People’s Republic of China has issued for comment a draft of its new Labor Contract Law. That draft was recently released to the public and will likely go through at least one more iteration before a version of it is enacted. The seven-chapter draft is the country’s first law governing the establishment, revision, and termination of labor contracts in the People’s Republic of China.
    ChinaEmployment and HR
    Thelen LLP
    Thelen LLP
  • Article

    Bridging The Cultural And Legal Divide

    It's a rare circumstance when personal history, long-held passions, and market conditions coalesce in the form of a career. But that's the kind of fate Thelen Reid Brown Raysman & Steiner partners Tom Shoesmith and Meg Utterback-who both have extensive personal and professional histories in Asia-are enjoying.
    ChinaCorporate/Commercial Law
    Thelen LLP
    Thelen LLP
  • Article

    Amendments To Exon-Florio Process Made By The Foreign Investment And National Security Act Of 2007 May Have A Chilling Effect On Foreign Investment In The United States

    On July 26, 2007, President Bush signed into law the Foreign Investment and National Security Act of 2007 ("FINSA"), which makes significant changes to the foreign investment review process contained in the Exon-Florio amendment to the Defense Production Act.
    United StatesCorporate/Commercial Law
    Thelen LLP
    Thelen LLP

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