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Welcome, September Bloggers

Friday, September 3rd, 2010
Source: Marquette University Law School Faculty Blog

Our guest bloggers this month will be Colin Lancaster ‘93 and 3L Kristen Scheuerman.  Many thanks to our August guests Mary Wagner ‘99 and 2L Peter Curran.

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How To Win Over The Chinese Consumer. What Happens In The Store May Not Stay In The Store.

Friday, September 3rd, 2010
Source: China Law Blog

This post was written by Stephanie Henry, a Harris & Moure legal assistant.

In a Harvard Business Review blog post, entitled, China’s In-Store Wars, Max Magni and Yuval Atsmon contend that to win over the Chinese consumer, you need to get in on the ground floor – literally:

As many as 45% of Chinese consumers make purchase decisions in real time....while “56% of Chinese consumers told us that the information they get at retail outlets is essential to make up their minds. Compare this percentage to the only 41% of Chinese consumers who credit television advertising with the same value. These results mean that your retail marketing strategy must account for the influence won or lost on store floors.

Magni and Atsomn advocate using the following four strategies to boost China retail sales and to win over the Chinese consumer: 

1. Prioritize.  Covering more of the Chinese market will not necessarily translate into winning more consumers; it could just leave you overextended and financially strained. Magni and Atsmon cite to Unilever's China success and call for initially focusing on key outlets: 

Many multinational companies, seeking to grow rapidly in the Chinese market, stretch budgets (and supply chains) to cover the large...

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How Risky Is China?

Friday, September 3rd, 2010
Source: China Law Blog

Excellent post by Rich Brubaker of the All Roads Lead to China blog on his discussion with Neal Beatty entitled, "Identifying, Measuring, and Taking Action on the Risks of China." It is the kind of post every company doing business in or even with China should read.  

The post sets out an amazingly comprehensive (yet blissfully concise) list of risks businesses face in China:

  • Compliance & integrity issues: internal fraud (kickbacks and conflicts of interest are most common)
  • Corruption & Graft: recognized by the government in Beijing as a serious issue in China. And now an increasingly serious issue in the US and UK with the growing impact of anti-corruption laws.
  • IP issues - counterfeiting, internal theft of critical information, and the protection of your trade secrets are major issues
  • Business partners: Who really is your prospective JV partner? How did they accumulate their wealth? Does your partner or key staff have undeclared family or business connections to a competitor or supplier?
  • Political and regulatory risks – this is largely more of a strategic, ‘big picture’ issue, but companies who lose touch with the prevailing political pressures affecting their industry can find themselves exposed to problems or...

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In ‘Doo-Wop’ Case, 3rd Circuit to Consider ‘Prevailing Party’ Fees Issue

Friday, September 3rd, 2010
Source: Law.com - Newswire A court battle over rights to the names of two 1950s doo-wop groups has sparked an appeal that could have far-reaching effects in civil rights litigation. The 3rd Circuit has granted en banc rehearing to decide the proper test to determine a plaintiff's entitlement to attorney fees as the "prevailing party." The underlying battle started when New Jersey officials threatened to take action against a music promoter who was using the two groups' names in a concert series -- a position the state later reversed. Read the rest of the...

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Federal Circuit Applies Recent High Court Case to Find Successor Liability

Friday, September 3rd, 2010
Source: Law.com - Newswire The Federal Circuit has ruled that a defendant's successor companies are liable for an $8 million default judgment in a patent infringement case. The panel rejected the district court's decision to apply South Korean law concerning successor liability, ruling that New Jersey law should apply because Daewoo Electronics' U.S. subsidiary has headquarters in New Jersey. The court cited a recent U.S. Supreme Court case that deemed that the laws of a company's "principal place of business" should apply to transactions. Read the rest of the...

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DOJ Files Suit Against Office of Controversial Ariz. Sheriff

Friday, September 3rd, 2010
Source: Law.com - Newswire The Department of Justice is stepping up its investigation into the office of controversial Arizona Sheriff Joe Arpaio, a nationally known opponent of illegal immigration. DOJ attorneys filed a complaint Thursday in federal court, alleging that Arpaio and his staff have obstructed their investigation into whether the sheriff's office is discriminating based on national origin in its police practices and jail operations. A lawyer for the sheriff's office said he has tried to cooperate with the Justice Department. Read the rest of the...

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Sometime Girlfriend Arrested on Suspicion of Murdering Attorney, After Eviction Filing

Friday, September 3rd, 2010
Source: ABA Journal Top Stories A woman who reportedly had an on-again, off-again relationship with a California attorney found dead in his home earlier this week has been arrested on suspicion of murdering him. Mark Hafen, 58, had filed an eviction case against Verginia Turner, 42, early this year when she refused to move out of his Salinas home, reports the Californian. She was given a five-day notice to vacate in July as a result of the Monterey County Superior Court case, according to the newspaper. Hafen worked as a family court attorney. An autopsy has not yet been completed, but authorities say he may… Read the rest of the...

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‘Burning Man Barrister’ Offers Free Legal Advice to Festival Revelers

Friday, September 3rd, 2010
Source: ABA Journal Top Stories In response to complaints about overzealous law enforcement agents at the annual Burning Man art and music festival in the Nevada dessert, a Palo Alto, Calif., attorney has formed Lawyers for Burners, a legal defense team to aid festival revelers in their brushes with the law. David Levin, aka the Burning Man Barrister, accused federal officers of destroying a peaceful counterculture celebration in the Black Rock Desert, reports the Associated Press. "It's a police state out there," Levin said of the presence of undercover agents at dances and drug-sniffing dogs that roam the camps, according to the newspaper. "There's very… Read the rest of the...

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Vegas, Baby! Ruling a Possible Boon to ‘Copyright-Troll’ Suits

Friday, September 3rd, 2010
Source: WSJ.com: Law Blog - WSJ.com In recent weeks, there's been a lot of talk about this outfit called Righthaven, a sort of online copyright enforcer for the Las Vegas Review-Journal. The enterprise won a key ruling in a Nevada federal court on Thursday.


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Entrepreneurs Are Attracting Major Cash to Draw Legal Services Away from Law Firms

Friday, September 3rd, 2010
Source: ABA Journal Top Stories A new class of lawyer-entrepreneurs in U.S. legal services is attracting hundreds of millions of dollars from global investors, even while traditional law firms are forced to cut back. These risk-takers speak a language investors understand. Rather than profits per partner, they talk about market share and return on invested capital. They converse as easily about finance, technology and management as finer points of law. And their enterprises produce steady returns even when unemployment soars and stock markets tank. Some drive down costs by automating routine legal tasks. Others assemble dedicated teams of lawyers for in-house legal departments to draft… Read the rest of the...

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Estate Planning Essential Documents

Friday, September 3rd, 2010
Source: SettlementBoard.com When you are preparing a will or trust to administer your estate upon death, every person should consider implementing the following legal documents to ensure that your affairs are properly handled during your lifetime when you are preparing for your estate planning in Jacksonville. Durable Power of Attorney This document would appoint another person, known [...] Read the rest of the...

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With Clemens Prosecution, Has the Government Gone Too Far?

Friday, September 3rd, 2010
Source: WSJ.com: Law Blog - WSJ.com There are, assuredly, several ways to look at the Roger Clemens prosecution.


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The Just Compensation that you Deserve from Workers Compensation Lawyer in Knoxville

Friday, September 3rd, 2010
Source: SettlementBoard.com It is a  frustrating time deciding whether or not to file for a workers compensation lawsuit and receive the just compensation that YOU deserve.  Scheduling consultations with Knoxville workers compensation lawyers and debating whether it is worth it can be extremely overwhelming.  Remember, getting fired is an option if you decide NOT to file.   If [...] Read the rest of the...

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Study: Asylum Seekers Get Lawyers, Gain Access to the U.S.

Friday, September 3rd, 2010
Source: WSJ.com: Law Blog - WSJ.com Recently revealed statistics show that illegal immigration is down. But another method of gaining residence in the U.S. is up: seeking political asylum.


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$1.5 Million Settlement for Fall Occurring At Work Resulting In Controlled Seizure Disorder

Friday, September 3rd, 2010
Source: SettlementBoard.com In a confidential settlement, Jason M. Welborn and The Gaar Law Firm obtained a $1.5 million settlement, following mediation for a head injury, which resulted in a controlled seizure disorder. The plaintiff was employed at a pipe yard, and while working for his employer, he was required to traverse a dilapidated roof. While moving from [...] Read the rest of the...

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The Lucky 13.

Friday, September 3rd, 2010
Source: Federal Employment Law Articles 13 Strategies To Improve Safety, Reduce Exposure, And Improve Profits The new administration's focus at OSHA, and other government agencies, focuses less on compliance and increasingly more on enforcement. That means more inspections, more audits, and more fines. Here are some ways you can help your company stay out of trouble.


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Part 2: Are Your Employees Really Important Business Partners?

Friday, September 3rd, 2010
Source: Federal Employment Law Articles In our last article we took a hard look at the easy-to-say concept that companies "value their employees" or that employees "are our most important asset." Easy to say, yes. But the reality is a bit more difficult – and time consuming. In Part 2 we'll look at this idea in more detail.


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H-1B Labor Condition Application Violations Could Cost Your Company Millions

Friday, September 3rd, 2010
Source: Federal Employment Law Articles Nothing weighs down an employer more than an investigation by the Wage and Hour Division of the U.S. Department of Labor. Just ask the following information technology companies who failed to properly pay their H-1B workers and ended up paying a lot more in back pay and penalties:


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