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April, 2010 Articles

China Business Law Journal: Managing a Corruption Investigation in China

What are you going to do now? Employees in your production plant in China, aided by a couple of management-level employees in your home office in the US, may have bribed Chinese government officials, avoided paying Chinese taxes, and possibly engaged in a host of other regulatory and criminal violations of Chinese laws. This seems […]

Intellectual Property The Daily Journal: New Cottage Industry: Boon or Bust?

New Cottage Industry: Boon or Bust? By Rod S. Berman Reprinted with the permission of Daily Journal Corp. (2010) Legal cottage industries built upon claims of intellectual property infringement are established and growing. For example, in the apparel field, entities purporting to own copyrighted fabric designs are employing the Copyright Act to obtain huge numbers […]

Litigation Pause Before Sending: Using Unenforceable Non-Competes can be Very Costly

Pause Before Sending: Using Unenforceable Non-Competes can be Very Costly Had STAAR Surgical Company (Nasdaq: STAA) (“STAAR”) obtained sound legal advice before it sent three letters to its competitors, STAAR might have saved itself $11.4 million. In separate, two-month long jury trials, our trial team including myself, Eudeen Chang and Monica Vu of Jeffer Mangels, […]

Litigation Served Today, Trial Tomorrow

Served Today, Trial Tomorrow You could be in trial tomorrow on a case that was filed last week. This has been a surprising reality for clients – and lawyers. A special provision in the California Corporations Code Section 709, requires a trial to begin within five days once an action to determine the validity of […]

Intellectual Property, Litigation and Patent Litigation Group Protecting Ownership of Your Property: The Importance of Employment Agreements

Protecting Ownership of Your Property: The Importance of Employment Agreements A recent decision from the Federal Circuit Court of Appeals, Stanford University v. Roche, 516 F.3d 1003 (Fed. Cir. 2009), highlights the importance of employment agreements in protecting the ownership of intellectual property. In Roche, the Federal Circuit faced the issue of whether Stanford University […]