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  • Article

    China Watch: China´s Draft Labor Contract Law

    The spotlight has been turned on China’s labor practices. A recent report by an international alliance of trade unions and nongovernmental organizations has accused four manufacturers of Beijing Olympics products of engaging in unfair labor practices, namely, using underage workers and underpaid workers, and providing poor working conditions.
    ChinaEmployment and HR
    Thelen LLP
    Thelen LLP
  • Article

    The SEC´s Final Rules on Executive Compensation - What to Do Now

    On August 11, 2006, the Securities and Exchange Commission (SEC) released its changes to its rules on executive compensation and related party disclosure.
    United StatesCorporate/Commercial Law
    Thelen LLP
    Thelen LLP
  • Article

    Avoiding the Worst of Delay Claims on Wind Projects

    In this article, an experienced construction attorney provides his insights on the type of claim that is most significant to the wind industry: delay claims. As the author points out, given the losses sustained by owners, developers, vendors, contractors and installers when wind projects are late, delay claims can expose project participants to millions of dollars of liability.
    United StatesReal Estate and Construction
    Thelen LLP
    Thelen LLP
  • Article

    CSRC Notice On Offshore Listings For Chinese Companies Leaves Questions Unanswered

    Last month, the China Securities Regulatory Commission (CSRC) issued a notice listing the documents that must be submitted when CSRC approval is required in connection with an offshore listing or going-public transaction involving a Chinese operating company.
    ChinaCorporate/Commercial Law
    Thelen LLP
    Thelen LLP
  • Article

    Ninth Circuit Panel Modifies Its Opinion In The Wal-Mart Gender Discrimination Class Action

    On December 11, 2007, the U.S. Court of Appeals for the Ninth Circuit issued a modified opinion in the largest sex discrimination class action in United States history, Dukes v. Wal-Mart Inc., Case No. 04-16688.
    United StatesEmployment and HR
    Thelen LLP
    Thelen LLP
  • Article

    California Supreme Court Holds That Discrimination Claimants Need Not Demand Public Accommodation To Sue

    California's Unruh Civil Rights Act, Code of Civil Procedure § 52(a), provides for an award of damages of no less than $4,000 for each and every offense against a business that "denies, aids or incites a denial, or makes any discrimination" by providing less than full and equal services based on "sex, race, color, religion, ancestry, national origin, disability, medical condition, marital status, or sexual orientation."
    United StatesLitigation, Mediation & Arbitration
    Thelen LLP
    Thelen LLP
  • Article

    SEC Adopts Further Executive Compensation Disclosure Changes

    On December 22, 2006, the SEC amended its executive and director compensation disclosure rules, which had become effective in November. The new amendments are in the form of "interim final rules" that became immediately effective upon their publication in the Federal Register on December 29, 2006.
    United StatesCorporate/Commercial Law
    Thelen LLP
    Thelen LLP
  • Article

    2006 Rules Change Landscape For M&A, Offshore Listings, And Restructurings In The PRC

    On August 8, 2006, six PRC ministries jointly promulgated a set of far-reaching rules that have changed the landscape for foreign mergers and acquisitions, offshore listings of Chinese companies, and the restructurings of PRC companies, which commonly precede foreign investment of venture capital and private equity. The Rules became effective as of September 8, 2006.
    ChinaFinance and Banking
    Thelen LLP
    Thelen LLP
  • Article

    Delaware Supreme Court Affirms Chancery Court’s Disney Decision - Lessons Learned

    In June 8, 2006, the Supreme Court of the State of Delaware issued its decision in the case of In Re: The Walt Disney Company Derivative Litigation, No. 411/2005, affirming the Chancery Court’s August 2005 determination (after trial) that the Disney directors did not breach their fiduciary duties with respect to the hiring and termination of Michael Ovitz, nor in connection with his termination compensation package.
    United StatesCorporate/Commercial Law
    Thelen LLP
    Thelen LLP
  • Article

    National Association of Corporate Directors’ Report on "Director Liabilities: Myths, Realities, and Prevention"

    On December 7, 2005, a blue ribbon commission of the National Association of Corporate Directors issued a report containing several recommendations for addressing the "new liability landscape."
    United StatesCorporate/Commercial Law
    Thelen LLP
    Thelen LLP
  • Article

    Update: The Privacy Implications of Tracking a User’s Location via Cell Phone

    A hot issue currently being debated in the courts involves the intersection of privacy law and technology: the ability to use cellular phone signals to track the location of users.
    United StatesIntellectual Property
    Thelen LLP
    Thelen LLP
  • Article

    No Breaks For California Employers

    On Monday, April 16, the California Supreme Court issued its eagerly-awaited decision in Murphy v. Kenneth Cole Productions, holding that the additional hour pay imposed under Labor Code § 226.7 for missed meal or rest breaks is a "wage" subject to a three-year statute of limitations.
    United StatesEmployment and HR
    Thelen LLP
    Thelen LLP
  • Article

    California Division Of Labor Standards Enforcement Issues Proposed Regulations On Employee Travel Expense Reimbursement

    The California Division of Labor Standards Enforcement ("DLSE") recently issued proposed regulations addressing employer reimbursement of employee travel expenses. Labor Code section 2802 requires employers to "indemnify" employees for "all necessary expenditures or losses" they incur in performing their job duties.
    United StatesEmployment and HR
    Thelen LLP
    Thelen LLP
  • Article

    The New PRC Labor Contract Law

    For more than a year now, the Standing Committee of the National People’s Congress (“SCNPC”) has been reviewing the draft Labor Contract Law. On June 29, 2007, the SCNPC passed the PRC Labor Contract, which will take effect on January 1, 2008.
    ChinaEmployment and HR
    Thelen LLP
    Thelen LLP
  • Article

    District Courts Continue To Enforce Draconian Interpretation Of California´s Paycheck Law

    Labor Code § 212-enacted in 1910 to curb the abuses of the 'company town'-forbids California employers from paying wages by "check . . . unless it is negotiable and payable in cash, on demand, without discount, at some established place of business in the state, the name and address of which must appear on the instrument . . ." Labor Code § 212(a)(1).
    United StatesEmployment and HR
    Thelen LLP
    Thelen LLP
  • Article

    Trying A Patent Validity Case In A Post-KSR World

    On April 30, 2007, the U.S. Supreme Court issued its most recent patent decision: KSR International Co. v. Teleflex Inc., 127 S. Ct. 1727 (2007), in which it rejected what it deemed to be a "rigid" and "narrow" test for determining the validity of a patent.
    United StatesIntellectual Property
    Thelen LLP
    Thelen LLP
  • Article

    How to Make Your Network Work—Potential Risk Management Issues to Consider Regarding Medical Provider Networks

    Let’s say your self-insured company has developed its own medical provider network ("MPN"), or perhaps it has joined an existing network. Perhaps your company is an insurance carrier or a third-party administrator using an MPN to manage medical costs for its insureds or clients.
    United StatesCorporate/Commercial Law
    Thelen LLP
    Thelen LLP
  • Article

    Doing Business In The USA: Environmental Protection

    Any foreign party interested in extending its operations to the United States must consider the potential risks of environmental liability early in the process of entering into a transaction. Federal, state and local laws in the U.S. impose numerous environmental restrictions and obligations upon business operating in the U.S.
    United StatesCorporate/Commercial Law
    Thelen LLP
    Thelen LLP
  • Article

    Forex Regulations - Changes That Impact Inflow And Outflow Of Forex

    China promulgated its first Regulations on the Administration of Foreign Exchange ("Original Regulations") in 1996, which were last updated in 1997.
    ChinaStrategy
    Thelen LLP
    Thelen LLP
  • Article

    Final Rule Changes To Rules 144 And 145 Under The Securities Act Of 1933

    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.
    United StatesFinance and Banking
    Thelen LLP
    Thelen LLP

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