Archive for ""

On The Relevance/Significance Of Lady Gaga To YOUR China Business.

Tuesday, July 13th, 2010
Source: China Law Blog

Every so often I will read something I know to be important, without really being able to put my finger on why it is important or even how. That is the case today with "Just for Fun: Oh My Lady Gaga! A Star is Born in…China," a post on the usually oh-so serious China Law & Policy blog.  

The post discusses how incredibly popular Lady Gaga is in China and how the media (for her more than anyone else) so often write her name in English, not in Chinese characters. According to the post, Lady Gaga is hugely popular in China because she is both "accessible" and out there:

Accessible? She wears no pants half of the time and muppets the other half. “Of course.” As Tom explained, someone like Beyonce, who is beautiful and dresses in the highest of fashion, is absurdly inaccessible for the average person in both the U.S. and China. But Lady Gaga creates outfits, making her fashion style achievable with some imagination. “I can just imagine a Chinese girl in some factory town, inspired by Lady Gaga, putting tin cans on her head” Tom said.

That sentiment...

Read More »

China Corruption. You’d Have To Be Blind….

Tuesday, July 13th, 2010
Source: China Law Blog

One of the things I have learned from doing this blog is to roll with the punches that really do not have all that much to do with what I have written. If I write a post on how Hong Kong is usually not very relevant to the typical SME going into China, I get angry comments and emails from people incredulous at how I can be ignoring the many companies that go public via Hong Kong. And if I write a post, entitled, "China Corruption. We Ain't Seeing It," on how foreign companies do not NEED to engage in corruption in China, I get a whole host of angry emails and comments about how China has massive corruption and how I must be sticking my head in the sand. 

Well duh. I know there is massive corruption in China. We all know that.  

But, that does not mean that foreign companies must engage in it themselves in order to succeed? All I know is that in registering a company in China or registering IP in China (I pick these two things because they are the two most common registrations for foreign companies doing business...

Read More »

Round Rock Law Firms | Kevin Henderson

Tuesday, July 13th, 2010
Source: Profiles In Law Kevin Henderson graduated from Texas Tech University School of Law in Lubbock, Texas, and has been licensed as an attorney since 1980. He is admitted to practice in the Northern and Western District Courts of Texas, and is a member or former member of the State Bar of Texas, the State Bar Judicial Section, the [...] Read the rest of the...

Read More »

Mauro Fiore Jr.

Tuesday, July 13th, 2010
Source: Profiles In Law When you sustain a serious personal injury through another’s negligence, it is hard to know where to turn.  Pasadena personal injury lawyer Mauro Fiore, Jr. has many years of experience in representing personal injury cases. Practice Areas Personal Injury Accidents Auto Accidents Wrongful Death Workers Compensation Slip and Fall Dog Bites Admitted: 1998, California and [...] Read the rest of the...

Read More »

Mesa criminal defense lawyers of Craig D. Henley Law Firm

Tuesday, July 13th, 2010
Source: Profiles In Law Craig D. Henley Craig D. Henley, PLLC, is a professional, knowledgeable and experienced defense law firm consisting of passionate Mesa criminal defense lawyers. Our legal services are not limited to our clients but extend to the community of Mesa and Arizona state. Mr. Henley is a DUI and criminal defense attorney and trial lawyer that [...] Read the rest of the...

Read More »

Bracewell Plants Flag in Pacific Northwest, Hires Ex-Davis Wright Energy Chief

Tuesday, July 13th, 2010
Source: ABA Journal Top Stories Bracewell & Giuliani has expanded its footprint, taking a giant step from its established territory in Texas and New York to plant its flag in Seattle. Dave Domansky, who formerly headed the energy practice at Davis Wright Tremaine, will be a partner at Bracewell & Giuiliani's new office, and Paul Fox, who jointly heads the firm's energy regulatory practice, will serve as managing partner in Seattle, the firm announces today in a press release. “This is an opportunity for the firm to formalize its long-standing involvement in the Pacific Northwest and Western Canada, and to enhance access to the Pacific… Read the rest of the...

Read More »

Pro Se Representation Is Up — and That’s Bad, Say Judges in ABA Survey

Tuesday, July 13th, 2010
Source: Law.com - Newswire A survey of state judges by the American Bar Association indicates that fewer parties in civil cases are being represented by lawyers, and in the opinion of most of the judges, the outcomes of those cases are worse for it. The judges who saw worse outcomes said the most common problems for pro se litigants are failure to present necessary evidence, procedural errors, ineffective witness examination and failure to object to evidence properly. Read the rest of the...

Read More »

Bank of America Admits to ‘Dollar Rolling’ $10 Billion in Debt

Tuesday, July 13th, 2010
Source: Law.com - Newswire Bank of America Corp. has admitted to maneuvering as much as $10.7 billion in debt from its balance sheet and then back again through repurchasing deals that the bank called "dollar rolls." The deals involved short-term agreements in which the bank would move mortgage-backed securities off its books to another entity, while agreeing to repurchase the package at a later date -- usually after it had reported its quarterly financial statement to the Securities and Exchange Commission. Read the rest of the...

Read More »

Former Client Claims Advice From DLA Piper Led to Bankruptcy

Tuesday, July 13th, 2010
Source: Law.com - Newswire A New York corporation has sued DLA Piper, claiming the law firm failed to properly advise it in transactions and subsequent litigation with a Taiwanese company, and that the alleged negligence by DLA Piper resulted in financial losses that propelled the company into bankruptcy. Joseph DelGreco & Co. claims DLA Piper failed to advise it of the consequences of a minor default on a loan and also pressured DelGreco to let the firm withdraw as counsel on the eve of a multimillion-dollar arbitration. Read the rest of the...

Read More »

2nd Circuit Strikes FCC Expletive Rule, Says Blanket Ban on F-Word & Others Violates 1st Amendment

Tuesday, July 13th, 2010
Source: ABA Journal Top Stories Saying that a blanket ban on all use of certain expletives on television is unconstitutionally vague and chills the right of free speech, a federal appeals court has struck down a Federal Communications Commission policy that any use of profanity referring to sex or excrement is inherently indecent and could lead to mandatory fines. "By prohibiting all 'patently offensive' references to sex, sexual organs and excretion without giving adequate guidance as to what 'patently offensive' means, the FCC effectively chills speech, because broadcasters have no way of knowing what the FCC will find offensive," the New York City-based 2nd U.S.… Read the rest of the...

Read More »

Understanding Loan Modification

Tuesday, July 13th, 2010
Source: SettlementBoard.com Having trouble making your mortgage payments? Negotiating a loan modification with your mortgage lender may be a solution. Talk to the attorneys at the law office of Kevin F. Jursinski who work with the lenders to negotiate a better deal for the homeowners. Avoid foreclosure in Fort Myers or Naples and reduce your mortgage payment [...] Read the rest of the...

Read More »

On the Arizona Law: An All-Star Snub and a Significant Precedent

Tuesday, July 13th, 2010
Source: WSJ.com: Law Blog - WSJ.com Elena Kagan has, at least for the time being, stepped out of the number one slot on the legal-news front. Replacing her, it seems: the continuing and increasing dustup over the Arizona immigration law. Each day brings new news of someone angered by the law or angered by the Justice Department's reaction to it.


Read the rest of the...

Read More »

Penalties for Manufacturing or Intent to Distribute in Pennsylvania

Tuesday, July 13th, 2010
Source: SettlementBoard.com Pennsylvania Drug Crimes Law Felony drug charges for the manufacturing and distribution of illicit drugs are serious, and if convicted, you could be facing jail time.  In some cases, you may also be facing federal drug crime penalties.  Federal drug crimes and penalties can result in heftier fines and harsher penalties.  Some crimes that result [...] Read the rest of the...

Read More »

Penalties for DWI/DUI in Texas

Tuesday, July 13th, 2010
Source: SettlementBoard.com Dallas Criminal Defense Law According to the Texas Penal Code, the legal limit for intoxication is .08 BAC. However, if a police officer believes you are driving drunk or that your driving is impaired, you can still be stopped and arrested for DWI, regardless of your BAC. For each subsequent DWI offense, the penalties get [...] Read the rest of the...

Read More »

Record Labels Sue Porn Company, Want Their ‘Sexyback’

Tuesday, July 13th, 2010
Source: ABA Journal Top Stories Several record labels claim in a lawsuit that an adult entertainment company is violating their copyrights by using their songs in porn videos. News writers are enjoying the spectacle. “Labels Try to Catch Porn Industry with Pants Down,” Reuters declares in its headline. “The struggling music industry may be aroused at the prospect of winning money from the porn industry,” the story says. The suit by Warner Bros. and 10 other major labels says videos made by RK Netmedia feature actors lip-synching songs such as Justin Timberlake’s “Sexyback” while engaging in sexual acts, according to Reuters, TMZ and the Digital… Read the rest of the...

Read More »

Lindsay Lohan’s Twitter: Your New Source of Legal Scholarship

Tuesday, July 13th, 2010
Source: WSJ.com: Law Blog - WSJ.com Washington and Lee Law Professor Erik Luna found himself suddenly inundated with e-mails last week about an article he'd written 8 years ago, a result of the fact that Lindsey Lohan had quoted from the article in recent tweets.


Read the rest of the...

Read More »

Polanski Decision Irks U.S. Law Enforcement

Tuesday, July 13th, 2010
Source: WSJ.com: Law Blog - WSJ.com U.S. law enforcement authorities express anger over yesterday's decision by Swiss authorities to deny requests to extradite Roman Polanski.


Read the rest of the...

Read More »

Six Ways To Protect Your China IP. No Lawyer Required.

Tuesday, July 13th, 2010
Source: China Law Blog

A client (who my firm has been representing on its international intellectual property matters for a long long time) sent me an article today and asked for my thoughts. The article is entitled, Enforcing Intellectual Property Rights in Weak Appropriability Regimes: The Case of de Facto Protection Strategies in China, written by Marcus M. Keupp, Angela Beckenbauer, and Oliver Gassmann, all of whom are professors at the University of St. Gallen, in Switzerland. 

I am always being asked if registering a trademark, or getting a manufacturer to sign a non-disclosure agreement, or getting an employee to sign a non compete or trade secret agreement works in China My answer is always that doing these things, while also employing "non-legal" strategies as well, will greatly increase your chances of protecting your IP in China. Companies that combine legal and non-legal strategies to protect their IP have a much better record of IP protection in China than those who do nothing.  

The article focuses on the following non-legal methods for protecting IP in China:

  • Technological Specialization.  This strategy attempts to make imitation impossible by making the product so complex that imitation would take so long or be so costly as to render...

    Read More »

Equal Opportunity Harasser’s Use of Female-Specific Slurs and Remarks Can Support Claim of Hostile Work Environment.

Tuesday, July 13th, 2010
Source: Federal Employment Law Articles The 4th U.S. Circuit Court of Appeals has determined that an alleged harasser who makes gender-specific slurs and comments can create a hostile work environment for a female employee, even though the harasser is an “Equal Opportunity Harasser” who makes sexually offensive remarks to “anybody, any time.”


Read the rest of the...

Read More »