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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 […]

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 […]

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 […]

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, […]

Land Use and Real Estate JMBM Focus: JMBM 2010 California Real Estate and Land Use Survey Results

Caution remains the watchword even as bearish sentiment declines JMBM’s 2010 California Real Estate & Land Use Survey gathered data from 98 executives, 49 percent of whom identified themselves as developers and 49 percent as capital providers. Respondents indicating they were "bearish" about the market declined from 22 percent a year ago to 11 percent […]

Litigation Business Law News: The Business Divorce

The Business Divorce by Michael Gold Copyright © Business Law News Issue 1 2010. Reprinted with permission To view this article, click here. A Painful ExperienceOne of the most painful events any business owner can experience is a “business divorce.” What is this? It’s when partners split up, a key partner dies or leaves on […]

Discovery Technology Group™ The Daily Journal: E-Discovery Bar Set High For Litigants

Dan Sedor’s article, "E-Discovery Bar Set High For Litigants," was published by The Daily Journal. His article discussed the ruling in Pension Committee of the University of Montreal Pension Plan v. Banc of America Securities, LLC, which found that failing to issue a written litigation hold for relevant documents during discovery can result in strict […]