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  • Article

    City Of New York Reintroduces Goals For Award Of Contracts To Minority- And Women-Owned Enterprises With Heavy Penalties For Breach

    On December 29, 2005 the Mayor of New York City signed Local Law 129 of 2005 which re-invigorates City-wide goals for the awarding of City contracts relating to construction, professional services, standard services, goods contracts, construction subcontracts and professional services for contracts under $1 million to minority and women owned enterprises (M/WBEs).
    United StatesReal Estate and Construction
    Thelen LLP
    Thelen LLP
  • Article

    The Case For Dismissing The Case: Why Dispositive Prehearing Motions Should Remain An Integral Part Of The Arbitral Process

    It has been more than twenty years since the Supreme Court decided the seminal case of Celotex Corp. v. Catrett, 417 U.S. 317 (1986), in which Justice Rehnquist, for the majority, wrote:
    United StatesLitigation, Mediation & Arbitration
    Thelen LLP
    Thelen LLP
  • Article

    Investing In University Spin-Out Companies

    This issue of the Tech Transfer Update was prepared for "First Look L.A.," a showcase of technology from California Institute of Technology, the University of Southern California and the University of California Los Angeles, held November 7, 2007 in Los Angeles, before an invited audience of venture capitalists and angel investors.
    United StatesStrategy
    Thelen LLP
    Thelen LLP
  • Article

    Doing Business In The USA: Tax Consequences - Part 2

    LLCs may be treated as either a partnership or a corporation for U.S. tax purposes depending on various factors. Therefore, special care must be taken to ensure partnership status if desired. (See Section 4.4 for a discussion of the manner of determining the tax status of LLCs.)
    United StatesTax
    Thelen LLP
    Thelen LLP
  • Article

    U.S. Supreme Court Decisions In Ebay, Medimmune, And KSR Deliver Triple Dose Of Bad News To Non-Practicing Patent Holders (Aka "Patent Trolls")

    Over the last 15 months, the U.S. Supreme Court has issued three significant patent decisions with negative consequences for the non-practicing patent holder or "patent troll" business model: eBay Inc. v. MercExchange LLC., 126 S. Ct. 1837 (2006); Medimmune, Inc. v. Genentech, Inc., 127 S. Ct. 764 (2007); and KSR International Co. v. Teleflex Inc., 127 S. Ct. 1727 (2007).
    United StatesLitigation, Mediation & Arbitration
    Thelen LLP
    Thelen LLP
  • Article

    Clearing Firm Liability Update 2006 - 2007

    Since our 2000 PLI Securities Arbitration course book chapter "Clearing Firm Liability - Has the Dam Really Cracked?" we have regularly reported on clearing firm developments.
    United StatesFinance and Banking
    Thelen LLP
    Thelen LLP
  • Article

    California Supreme Court Makes It Easier For Class Action Plaintiffs To Obtain Pre-Certification Access To Contact Information Of Potential Class Members

    The California Supreme Court's recent opinion in Pioneer Electronics (USA), Inc. v. Superior Court (2007) 40 Cal.4th 360, although rendered in a consumer products liability case, is already resulting in rulings making it easier for plaintiffs in employment class actions to obtain access to prospective class members before a class is certified.
    United StatesLitigation, Mediation & Arbitration
    Thelen LLP
    Thelen LLP
  • Article

    Doing Business In The USA: Resolving Business Disputes In The U.S. Through Litigation And Alternative Dispute Resolution

    Any successful business relationship depends on the cooperation of the parties to that relationship. One party’s compliance with its contractual obligations will provide the other party with the benefits of its contractual rights.
    United StatesLitigation, Mediation & Arbitration
    Thelen LLP
    Thelen LLP
  • Article

    Doing Business In The USA: Financing Your Business

    With the globalization of world economies, non-U.S. businesses have increasingly looked to the U.S. capital markets as a major financing source. Many are attracted to the size of the U.S. capital markets and to their sophistication and well-established stability.
    United StatesFinance and Banking
    Thelen LLP
    Thelen LLP
  • Article

    Doing Business In The USA: Regulation Of Foreign Investment

    The United States has a long history of welcoming investment from abroad—both direct investments (that is, investment in which the foreign investors control or participate significantly in the operations of the U.S. enterprise), and portfolio investments (loans or portfolio equity that do not give the foreign investor significant participation in the operations of the U.S. enterprise).
    United StatesCorporate/Commercial Law
    Thelen LLP
    Thelen LLP
  • Article

    Developments in Hydrogen Production, Technology and Use Under the Energy Policy Act of 2005

    Recent articles in the New York Times and elsewhere underscore the fact that the rising price of gasoline and heating fuels and the awareness of, and growing consensus about, the threats of global warming have reached a tipping point in terms of generating popular attention to, and interest in, alternative fuels and alternative energy systems well beyond the ranks of those who read scientific and engineering journals.
    United StatesEnergy and Natural Resources
    Thelen LLP
    Thelen LLP
  • Article

    Doing Business In The USA: Tax Consequences - Part 1

    This chapter discusses the basic framework of the United States income tax law applicable to corporations and, to some extent, limited liability companies, partnerships and individuals. It introduces many of the significant U.S. taxing provisions in the form of an overview to assist those interested in doing business in the U.S.
    United StatesTax
    Thelen LLP
    Thelen LLP
  • Article

    The New Antimonopoly Law And Its Impact On Foreign M&A Transactions

    On August 30, 2007, after debates dating to the 1980s, the Standing Committee of the National People's Congress (NPC), China's top legislature, completed its third official reading of the draft Antimonopoly Law, and finally adopted it as the nation's first comprehensive Antimonopoly Law (Law).
    ChinaCorporate/Commercial Law
    Thelen LLP
    Thelen LLP
  • Article

    Doing Business In The USA: Selecting The Form Of Business Enterprise In The U.S.

    An investor from outside the United States may choose among a variety of company structures to do business in the U.S.
    United StatesCorporate/Commercial Law
    Thelen LLP
    Thelen LLP
  • Article

    Foreign Representative Lacks Standing To Assert State-Law Avoidance Claims In Chapter 15 Case

    The court ruled that a cause of action stated in the complaint under the New York Debtor and Creditor Law (the "NYDCL") alleging constructive fraudulent transfers must be dismissed under choice-of-law principles.
    United StatesInsolvency/Bankruptcy/Re-Structuring
    Jones Day
    Jones Day
  • Article

    Competition or Monopoly? The Implications of Complexity Science, Chaos Theory, and Evolutionary Biology for Antitrust and Competition Policy

    Predicting the competitive and economic impacts of business conduct and relationships ranging from horizontal marketing joint ventures to vertical restraints demands an assessment and understanding of "immeasurable dynamic relationships."
    United StatesAntitrust/Competition Law
    Thelen LLP
    Thelen LLP
  • Article

    2006 California Labor and Employment Law Update

    There was once a time when the scope of employer liability for harassment was fairly limited and encompassed only those acts of harassment that were perpetrated by the employer itself or its supervisory employees. Those days are long gone.
    United StatesEmployment and HR
    Thelen LLP
    Thelen LLP
  • Article

    Excessive Fee Litigation: How Plan Sponsors and Service Providers Can Protect Themselves

    On September 11, 2006, the St. Louis, Missouri-based personal injury law firm of Schlichter, Bogard, and Denton filed six lawsuits in four federal district courts challenging a widely-used practice of compensating 401(k) plan service providers.
    United StatesLitigation, Mediation & Arbitration
    Thelen LLP
    Thelen LLP
  • Article

    2006 M&A Rules: Regulations On Mergers And Aquisitions Of Domestic Enterprises By Foreign Investors In The People´s Republic Of China - Part 2

    Negotiations—a target is identified and negotiations begin for an acquisition The parties decide whether the buyer will acquire equity of the Chinese company or assets.
    ChinaStrategy
    Thelen LLP
    Thelen LLP
  • Article

    2006 M&A Rules: Regulations On Mergers And Acquisitions Of Domestic Enterprises By Foreign Investors In The People’s Republic Of China - Part 1

    Formal title: Regulations on Mergers and Acquisitions of Domestic Enterprises by Foreign Investors, promulgated jointly by the Ministry of Commerce, State-owned Assets Supervision and Administration Commission of the State Council, State Administration of Taxation.
    ChinaStrategy
    Thelen LLP
    Thelen LLP

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