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But Who Won? Sizing Up Goldman’s Deal with the SEC
Thursday, July 15th, 2010Goldman Sachs to Pay Record $550M to Settle SEC Suit re Claimed Mortgage-Related Fraud
Thursday, July 15th, 2010Is a Big Tax Break for Plaintiffs’ Lawyers on the Way?
Thursday, July 15th, 2010Can I Still File Bankruptcy Under The New Laws?
Thursday, July 15th, 2010Source: SettlementBoard.com Our firm can advise you about new Houston bankruptcy laws A new bankruptcy law known as the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA) was enacted in 2005. The new federal law makes bankruptcy laws in Houston more complex, and makes it more difficult for some people to file bankruptcy. Those with [...] Read the rest of the...
Bybee Tells Congress CIA Interrogated Too Harshly & Waterboarded Too Many Times
Thursday, July 15th, 2010How Many People are Needed To Bring a Class Action?
Thursday, July 15th, 2010Source: SettlementBoard.com In many instances, it only takes one injured party to bring a North Carolina class action lawsuit. This one injured party initiates the action to seek a class action settlement in North Carolina. Once this action is started, other injured parties may join the suit. Popular legal issues often result in class action lawsuits, including: [...] Read the rest of the...
Goldman to Pay $550 Million to Settle Fraud Suit
Thursday, July 15th, 2010Recent Changes in the United States Immigration Laws
Thursday, July 15th, 2010Source: SettlementBoard.com "With silent lips. 'Give me your tired, your poor, Your huddled masses yearning to breathe free, The wretched refuse of your teeming shore. Send these, the homeless, tempest-tossed to me" Does this look familiar? It's the last half of the poem by Emma Lazarus written in 1883; the inscription on plaque at the Statue of [...] Read the rest of the...
China’s Minimum Wage(s). Graphically.
Thursday, July 15th, 2010Source: China Law Blog
Caixin online has a great graphic setting out the minimum wage in various China provinces and cities (h/t Taikongren's Advice). I think this graphic's greatest use is as a rough starting point for comparing salaries among cites and regions than as a legal tool. I say this because among the cities and regions on this graphic of which I am familiar, you will need to pay more than the minimum wage if you are interested in keeping your employees.
Read the rest of the...Why China Won’t Rule Tech.
Thursday, July 15th, 2010Source: China Law Blog
Ray Kwong (a friend of mine) has a post up on the Forbes China Tracker entitled, "Five Reasons China Will Rule Tech." I ain't buying it. Not even at a deep discount.
Ray's post is rash, premature, and inaccurate. I set out Ray's five reasons in bold below and then I analyze them in normal font.
1. China's leadership understands engineering. In China, eight of the nine members of the Standing Committee of the Political Bureau, including the Chinese president, Hu Jintao, have engineering degrees; one has a degree in geology. Of the 15 U.S. cabinet members, six have law degrees. Only one cabinet member has a hard-science degree -- Secretary of Energy Steven Chu, who won the Nobel Prize in physics in 1997, has a doctorate in physics. President Barack Obama and Vice President Joe Biden have law degrees. So what? Running a country is running a country and there is no evidence that those who are better able to design a television are any better at running a country than those who are not. Jimmy Carter was (at least until George Bush), indisputably the worst American President since Hoover and he was (I think)...
How Toxic is Thomas?
Thursday, July 15th, 2010Pat McIlheran has an interesting find in today’s Journal Sentinel, commenting on Judge Randa’s underreported decision in Gibson v. American Cyanamid. Judge Randa held that application of the Wisconsin Supreme Court’s Thomas decision (which applied something called risk contribution theory to hold lead paint pigment manufacturers collectively responsible for all harm from that product) would violate the federal due process rights of a defendant who had not itself manufactured lead paint pigment, but had assumed the liabilities of a manufacturer who had.
I spoke briefly with Pat yesterday on the potential fallout from the case and he quoted part of what I said. (The tyranny of 800 words is best understood by those who must submit to it.)
Here’s a more expanded version.
I don’t know how broad Judge Randa’s holding is. The defendant in the case before him did not itself manufacture lead paint pigment but purchased a company who had and assumed its liabilities. It is unclear whether Judge Randa would have reached the same result for a company that had itself participated in the market. The sense I get from his opinion is that he would have, but, for now, we...
Exclusivity In China Distribution Agreements.
Thursday, July 15th, 2010Source: China Law Blog
Going through my emails and came across one from co-blogger Steve to a client on how to handle exclusivity on a China distribution agreement for a retail product. Nothing earth shattering here, but since our clients for whom we do China distribution agreements frequently ask us about exclusivity, I figured putting this up on the blog makes sense.
This responds to your questions about how exclusivity issues in these sorts of distribution agreements are usually handled in China. These are the ways it is typically addressed from the perspective of the manufacturer of the product:
1. Provide for a non-exclusive agreement. Note, however, that two distributors in the same market is usually not a workable situation. Option two below is therefore more common.
2. Limit the territory. You could limit this particular distributer to City1/City2/City3.
3. Limit the term to one year, with you having the exclusive right to renew. This is a very common solution when the product does not require the distributor to put in extensive time or money to create the sales market. This solution is not common if the distributor will need to put in extensive time or money to create the market.
4. Provide for...
Best Practices when Dealing with Auto Insurance Companies
Thursday, July 15th, 2010Source: Lawyers.com Blog
From time to time, it may become necessary to speak with auto insurance companies in relation to a claim. If you need to discuss a car accident with your auto insurance company, consider these best practices:
- Following a car accident, contact your Boston car accident attorney for advice first if possible.
- When you contact your auto insurance company, be sure to have on hand the other driver’s information and any details about the crash.
- Be cautious in your conversation. Save the details of the crash for your attorney to discuss with the agent and do not provide written statements or allow your conversations to be recorded.
- Take notes on all accident-related conversations you have with the insurance company.
- During any subsequent conversations with the auto insurance company, be sure you know the claim number.
- Answer the insurance agent’s questions directly and politely. Keep your responses honest and brief.
- Stand your ground. Do not allow the auto insurance companies to badger you, even if you think you caused the Boston auto accident.
- Stick to your story and the facts. Keep your story truthful and consistent.
- Minimize or eliminate distractions when talking to your agent or the other driver’s insurance company. If at all possible, avoid...
Seventh Circuit Revisits the Second Amendment
Thursday, July 15th, 2010Source: Marquette University Law School Faculty Blog
Here’s another one to file under “no, we don’t want a revolution.” A few days ago, I posted on a new Seventh Circuit opinion that seemed to adopt a minimalist reading of the Supreme Court’s recent decision in Carr v. United States. Over a vigorous dissent, the Seventh Circuit reaffirmed the validity of pre-Carr decisions regarding the Sex Offender Registration and Notification Act. Now, the Seventh Circuit has a new opinion that reaffirms the validity of a gun-control statute, and another dissent accuses the court of incorrectly limiting a recent Supreme Court decision.
Last year, I posted on the interesting panel decision in United States v. Skoien, in which the Seventh Circuit remanded to the district court for the government to attempt to justify 18 U.S.C. § 922(g) in the face of the defendant’s Second Amendment challenge. The panel relied heavily on the Supreme Court’s 2008 decision in District of Columbia v. Heller. However, the government successfully sought en banc review, and now the en banc court has decided simply to affirm Skoien’s conviction without further proceedings.
To be sure, the court did not go so far as to say that § 922(g) will withstand all Second Amendment...
Charlotte Criminal Attorney W. Joseph Dozier, Jr.
Thursday, July 15th, 2010Source: Profiles In Law Charlotte criminal attorney W. Joseph Dozier, Jr. Born Richmond, Virginia, June 11, 1948 Areas of Practice Civil Litigation; Personal Injury; Medical Malpractice; Products Liability Admitted 1973, North Carolina and U.S. District Court, Eastern, Middle and Western Districts of North Carolina Law School University of North Carolina at Chapel Hill, J.D., 1973 College Washington & Lee [...] Read the rest of the...
Liquor License Lawyer in New York City Stacy Weiss
Thursday, July 15th, 2010Source: Profiles In Law New York City Liquor Licensing Lawyer Areas of Practice Alcoholic Beverage Control Alcoholic Beverages Commercial Law Wills, Living Wills Matrimonial Law Collections Admitted: 2001 New York U.S. District Court Eastern District of New York Southern District of New York U.S. Supreme Court Law School New York Law School, J.D., 2000 College New York University, B.A., [...] Read the rest of the...
NJ Collaborative and Divorce Law Attorney | Franklin H. Berry Jr.
Thursday, July 15th, 2010Source: Profiles In Law Member at the firm Berry, Sahradnik, Kotzas & Benson, P.C., a NJ Divorce, Business and Family Law firm. Admitted 1961, New Jersey; 1962, U.S. Supreme Court Law School Rutgers University Law School, J.D., 1961 College Hobart College, B.A., Economics/American History, 1958 Membership New Jersey State and Ocean County Bar Associations; Ocean County Lawyers Club (President, [...] Read the rest of the...
Former Gitmo Detainee’s Speedy Trial Rights Not Violated in Bombing Case, Says Judge
Thursday, July 15th, 2010Source: Law.com - Newswire The speedy trial rights of accused terrorist Ahmed Khalfan Ghailani were not violated despite a delay of more than five years in bringing him to New York for trial, a federal judge ruled Tuesday. Judge Lewis Kaplan said that Ghailani could not escape criminal charges for the al-Qaida conspiracy that included the 1998 bombings of two U.S. Embassies in Africa by invoking the Sixth Amendment. The decision provides new law in the ongoing debate over the extent of constitutional protections to be afforded enemy combatants. Read the rest of the...
O’Melveny Sues Bratz Doll Maker MGA Over $10.2 Million in Unpaid Legal Fees
Thursday, July 15th, 2010Source: Law.com - Newswire O'Melveny & Myers has filed suit against MGA Entertainment, seeking $10.2 million in unpaid legal fees related to the company's long-running legal dispute with Mattel over ownership of the popular Bratz line of fashion dolls. In recent years, the Bratz line has matched or surpassed Mattel's signature Barbie dolls in popularity and sales. The company's copyright infringement battle with Mattel, the world's largest toy maker, ended in August 2008 with a $100 million judgment in favor of Mattel. Read the rest of the...
2nd Circuit Strikes FCC Profanity Ban as Vague, Overly Broad
Thursday, July 15th, 2010Source: Law.com - Newswire The Federal Communications Commission's policy banning even a single "patently offensive" expletive and other profanity on television and radio violates the First Amendment, the 2nd U.S. Circuit Court of Appeals ruled Tuesday. A three-judge panel said the FCC will have to go back to the drawing board if it wants a profanity policy that will survive scrutiny because the current policy is "unconstitutionally vague" and creates a "chilling effect that goes far beyond the fleeting expletives at issue here." Read the rest of the...
An effective DWI Defense
Thursday, July 15th, 2010Source: SettlementBoard.com Hiring an effective law firm when you've been arrested for DUI/DWI is crucial. Lawyers must have a strong history of successfully representing clients and protecting them from serious penalties. An aggressive DWI defense team can; Have the courts dismiss erroneous charges Get vehicles released from impound Negotiate reduced charges Advocate against vehicle forfeitures Advocate against [...] Read the rest of the...
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