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A Notice Does Not Notify Unless It Can Be Understood
April 19, 2006
The office of the Information and Privacy Commissioner of Ontario, along with the Ontario Bar Association's Privacy and Health Law sections and the Ontario Dental Association, spearheaded a team to develop short notices for the province's new Personal Health Information Protection Act ('PHIPA'), which launched the products earlier in June 2005.
The Company's Right to Know v. the Anonymous Critic's Right to Remain Unknown
April 19, 2006
When does it make sense to spend the time and expense necessary to determine the identity of an anonymous blogger who is damaging a company? This question is becoming increasingly important with the proliferation of blogs and Web postings used for corporate criticism ' from wakeupwalmart.com to www.googlereallysucks.blogspot.com.
New Guidance on Whistleblower Hotlines in the EU
April 19, 2006
Congress enacted the Sarbanes-Oxley Act ('SOX') in 2002 in response to a series of corporate scandals that diluted confidence in the U.S. financial markets. The law was intended to improve the accuracy and reliability of corporate disclosures and financial statements and to enhance the ethical standards and accountability of companies that are publicly traded on U.S. stock exchanges. Last year, a conflict arose between SOX's mandate that audit committees of public companies establish whistleblower hotlines on the one hand, and data protection laws in the Member States of the European Union ('EU') on the other.
CD: How Clients Hire, Fire and Spend: Client Satisfaction and Law Firm Performance
April 18, 2006
Inside information that will help you maintain your competitive edge.
<B>BREAKING NEWS:</b> e-Discovery Rules Approved
April 14, 2006
The U.S. Supreme Court approved the proposed amendments to the Federal Rules of Civil Procedure that deal with e-discovery, or as the Rules call it, "electronically stored information." The Court issued the approval without comment or dissent on April 12, 2006.
Morgan Hops Over China's Hurdles
April 05, 2006
When Morgan, Lewis &amp; Bockius announced that it had landed the right team of lawyers to open an office in Beijing and the permission of Chinese authorities to do it, it was a double coup. <br>While obtaining a license to practice in China isn't the mystery it used to be for U.S. firms, it's still an arduous process. Firms can wait as long as a year to get an answer from local officials and the Chinese Ministry of Justice, as Morgan, Lewis did. And that's after completing the lengthy application that must be notarized, approved by U.S. agencies and then translated into Mandarin.
Littler Moves into Shanghai, Bangalore
April 05, 2006
Employment and labor boutique Littler Mendelson is dipping a toe into the warming Asia market. Its three-person Shanghai office opened in March and an office in Bangalore, India, is expected to accept business as early as October.
Focus on China: Critical Issues Affecting U.S. Businesses Today
March 30, 2006
For U.S. companies today, it seems as if all eyes are on China. That country has vaulted past Japan to become the world's second largest economy and the United States' third largest trading partner ' and it's just getting warmed up. With over 1.3 billion consumers ' more and more of whom are middle class ' and a strong and rapidly growing economy, full and fair access to the Chinese market is critical to the future success of U.S. businesses and workers. Yet many companies find getting over the Great Wall and into the Chinese market to be fraught with challenge. This article highlights some of the recent developments in areas that most concern our clients with operations in China: the protection of intellectual property rights, the promulgation of national standard-setting provisions, and the adoption of a new antimonopoly law.
Securing U.S. Strategic Assets: Does The Exon-Florio Statute Do Its Job?
March 30, 2006
When it was announced in early 2006 that Dubai Ports World, a company controlled by the Government of Dubai, planned to acquire six major U.S. ports and had successfully undergone the U.S. government's national security review of the transaction, concerns about foreign ownership of U.S. assets intensified dramatically. A new wave of criticism arose, revitalizing arguments that had temporarily subsided when the China National Offshore Oil Corporation (CNOOC) (a Chinese Government-controlled company) withdrew its bid to acquire California-based Unocal Corporation in the summer of 2005. Now, it appears that there is great momentum behind proposals to adopt new means to prevent ' or at least to screen ' such proposed acquisitions by foreign companies, particularly foreign government-owned companies.
Jones Day Picks Off Heller's China Chair
March 30, 2006
Carson Wen has left Heller Ehrman, where he chaired the China practice, for Jones Day, marking the second key lateral that firm has snagged for its China offices this year.

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    To build visibility for its brand, a record label or production company will want its logo included on products containing its master recordings manufactured and distributed by third parties. This will be addressed in the agreement between the label or production company and manufacturer/distributor. The failure to include the logo may raise a host of issues, from the breadth of the logo-placement obligation ' such as whether it includes Internet downloads ' to the proper theory on which to base any damages and just which album-sales figures are subject to evidentiary discovery. A recent ruling by the U.S. Court of Appeals for the Sixth Circuit ' in a long-running dispute between Cleveland International Records and Sony Music Entertainment ' illustrated how these issues may be argued and decided.
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