Foreign Law Firms Defend the Broad Scope of Their Practice in China
October 03, 2006
Foreign law firms operating in China's largest city have been on edge since April, when the Shanghai Bar Association (SBA) issued a blistering memo that accused them of illegally practicing Chinese law. The memo also called for the Chinese government to regulate and 'purify' the foreigners.
China's New M&A Regulation and Its Impacts on Foreign Business
October 03, 2006
On Aug. 8, 2006, China released a new rule of 'Provisions on Acquisition of Domestic Enterprises By Foreign Investors' (New Regulation). The New Regulation took effect on Sept. 8, 2006, and invalidated the 'Interim Provisions on Acquisition of Domestic Enterprises By Foreign Investors' (Old Regulation) issued on March 7, 2003. The New Regulation has drawn speculations that China is changing its policy toward foreign investors' acquisitions of its domestic companies and tightening its restrictions on foreign investments. <br>This article presents the background that gave rise to this new regulatory scheme and provides a comparative analysis of the two regulations, with a particular focus on how foreign companies doing business in China will be impacted.
<b>Online Exclusive:</b> Report Says Advanced Driver's License IDs Will Cost States $11 Billion over 5 Years
October 03, 2006
The National Conference of State Legislatures ('NCSL'), the American Association of Motor Vehicle Administrators, and the National Governors Association released a report last week that estimates that the newly passed Real ID Act will cost the states at least $11 billion over the first 5 years of implementation, beginning in May 2008. The estimated cost far exceeds the figure of $100 million over 5 years that was generated by an analysis done last year by the Congressional Budget Office.
IP News
September 29, 2006
Highlights of the latest intellectual property news from around the country.
Multiple Joint Infringers of Process Claims: How Close Is Close Enough?
September 29, 2006
Typically, in an action concerning infringement of a process patent, the activities of an individual party are alleged to infringe one or more of the process patent claims. Under certain circumstances, however, the combined activities of two or more parties may constitute infringement of a process patent claim. Often, courts analyze these situations by determining if 'some connection' exists between the parties whose activities are being combined. This standard, in our view, ultimately defines more activities as infringing than is warranted. A more appropriate standard would be a 'working in concert' standard.
<b>Professional Development University: </b>CLE for the Experienced Practitioner
September 29, 2006
As one who has devoted most of my career to the growth and development of legal professionals, including lawyers and judges, I can attest to the palpable and perplexing changes that adults experience as they progress in their careers. Without compromising confidences, I know that there are numerous lawyers who feel stuck in a rut of routine filings or litigation lethargy (tired of the fight and incivility), those who are trapped by income and power that they secretly would sacrifice if they knew what to do, and those who just don't like the practice of law any longer or perhaps never did.
Are Firewalls a Cure-all for Conflicts In the Big Firm?
September 29, 2006
More and more law firms are using firewalls in today's world. By this term (or such synonyms as 'ethical screen' or 'Chinese Wall'), firms are referring to the mechanism by which either an individual or a group within a firm is shielded from other concluded or ongoing representations.
To PC or Not to PC
September 29, 2006
Some partners in multi-state partnerships have recently rediscovered the benefits of becoming a professional corporation (PC) partner in their law firms, primarily to obtain state income tax savings. Where the advantages outweigh the disadvantages, some firms have accommodated (and in some cases, encouraged) some of their partners to consider this alternative. A by-product of the influx of PC partners is that a number of multi-state law firms will consist of both incorporated and unincorporated partners, and partnership agreements must be reviewed (and in some cases amended) to accommodate this arrangement and deal with ancillary consequences.
Using Business Plans As a Due Diligence Tool For Lateral Partners
September 29, 2006
Practice group structures, marketing departments, Chief Information Officers, even off-site operations centers ' each of these now commonplace elements of big law firm life is a manifestation of the business focus these firms have adopted. We all see it, with varying degrees of approval. Global law firms now develop and follow business strategies. Slowly, these firms are bringing a similar business focus to their lateral partner recruiting. For partners who think they might move firms at some point, and for firms doing battle for talent in the lateral market, bringing a business perspective to your analysis can save a lot of time and energy. A properly prepared business plan will prevent the loss of countless (otherwise billable) hours and, more important, help avoid making the wrong move.
