Tech Law Journal Daily E-Mail Alert
December 28, 2001, 9:00 AM ET, Alert No. 335.
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Starting on January 2, 2002, the Tech Law Journal Daily E-Mail Alert will be a subscription based publication. All persons who have already subscribed will be kept on the subscription list until December 31, 2001. The basic rate for a subscription is $250 per year. However, there are discounts for entities with multiple subscribers. Free one month trial subscriptions are available. Also, free subscriptions are available for law students, journalists, elected officials, and employees of the Congress, courts, executive branch. The TLJ web site will remain a free access web site. No hyperlinks will be broken. However, copies of the TLJ Daily E-Mail Alert and news items will not be published in the web site until one month after writing. See, subscription information page.
Bush Finalizes PR China PNTR
12/27. President Bush signed a proclamation extending nondiscriminatory treatment to the products of the People's Republic of China. This is the final step in extending permanent normal trade relations status to the PR China. It takes effect January 1, 2002. This terminates the annual Jackson Vanik trade certification process.
NIST Taking Applications for Summer Undergrad Research Fellowships
12/27. The National Institute of Standards and Technology (NIST) published a notice in the Federal Register that it is seeking grant applications for several programs, including the 2002 Summer Undergraduate Research Fellowship (SURF). The SURF program includes funding for fellowships with the Electronics and Electrical Engineering Laboratory (EEEL), the Information Technology Laboratory (ITL), and other labs. See, Federal Register, December 27, 2001, Vol. 66, No. 248, at Pages 66874 - 66887.
NIST's ITL has activities in the areas of high performance computing and communications systems, emerging network technologies, access to, exchange, and retrieval of complex information, computational and statistical methods, information security, and testing tools and methods to improve the quality of software.
NIST's EEEL has activities in the areas of "electrical metrology and of metrology supporting industry and government agencies in the board areas of semiconductors, electronic instrumentation, radio frequency technology, optelectronics, magnetics, video, electronic commerce as applied to electronic products and devices, the transmission and distribution of electrical power, national electrical standards (fundamental, generally quantum based physical standards), and law enforcement standards."
The NIST notice states that "SURF students will have the opportunity to work one on one with our nation's top scientists and engineers. It is anticipated that successful SURF students will move from a position of reliance on guidance from their research advisors to one of research independence during the twelve week period. One goal of this partnership is to provide opportunities for our nation's next generation of scientists and engineers to engage in world class scientific research at NIST, especially in ground breaking areas of emerging technologies."
People and Appointments
12/27. California Governor Gray Davis announced the appointment of Conrad Rushing as an Associate Justice of the Court of Appeal, Sixth Appellate District (San Jose). Rushing has been a Superior Court Judge in Santa Clara County since his appointment by Governor Brown in 1978. Recently, he presided over the criminal prosecution of Avant Corporation and various individuals in connection with the theft of trade secrets from Cadence Design Systems. The case culminated with no contest pleas, and large fines and restitution.
12/27. California Governor Gray Davis announced the appointment of Jon Tigar as a Judge of the Alameda County Superior Court. He is currently a partner with the San Francisco law firm of Keker & Van Nest. His practice includes unfair competition, antitrust, and intellectual property cases.
12/10. The law firm of Cooley Godward announced that eight of the firm's attorneys will become partners, effective January 1, 2002. The new partners include Christopher Pace, Ricardo Rodriguez, James Vazquez Azpiri, and Kevin Zimmer. Pace focuses on intellectual property litigation, mass tort and securities class action litigation, antitrust, and business litigation for technology companies, in the firm's San Diego office. Rodriguez focuses on patent litigation in the firm's Palo Alto office. Azpiri works in the San Francisco office, where he focuses on business immigration, including the representation of technology companies with respect to hiring and retaining foreign employees. Zimmer counsels clients on intellectual property portfolio development and enforcement in the San Diego office. See, Cooley release.
USTR Seeks Comments on Telecom Agreements
12/27. The Office of the United States Trade Representative (USTR) published a notice in the Federal Register requesting public comments on the operation and effectiveness of the World Trade Organization (WTO) Basic Telecommunications Agreement, the telecommunications provisions of the North American Free Trade Agreement (NAFTA), and other telecommunications trade agreements. This is pursuant to an annual review of telecom agreements required by Section 1377. Comments are due by 12:00 Noon on January 28, 2002. See, Federal Register, December 27, 2001, Vol. 66, No. 248, at Pages 66963 - 66964.
USTR Seeks Special 301 Comments
12/26. The Office of the U.S. Trade Representative (USTR) published a notice in the Federal Register requesting public comments regarding foreign countries that deny adequate and effective protection of intellectual property rights or deny fair and equitable market access to U.S. persons who rely on intellectual property protection.
The USTR requests comments pursuant to its duties under  182 of the Trade Act of 1974, 19 U.S.C. 2242, which is better known as the "Special 301" provisions. Comments are due by 12:00 Noon on Friday, February 15, 2002. See, Federal Register, December 26, 2001, Vol. 66, No. 247, at Pages 66492 - 66493.
Publication Schedule
The Tech Law Journal Daily E-Mail Alert will not be published on Tuesday, January 1, 2002. The TLJ Daily E-Mail Alert was not published on Monday, December 24, Tuesday, December 25, or Wednesday, December 26.
Monday, Dec 31
Deadline to submit reply comments with the Copyright Office (CO) regarding royalty payments for retransmission of over the air broadcast signals. The CO notice "directs all claimants to royalty fees collected under the section 119 statutory license in 2000 to submit comments as to whether a Phase I or Phase II controversy exists as to the distribution of those fees, and a Notice of Intention to Participate in a royalty distribution proceeding." See, 17 U.S.C. 119. See also, Federal Register, October 30, 2001, Vol. 66, No. 210, at Pages 54789 - 54791.
Deadline to submit comments to the Department of Justice's Bureau of Prisons (BOP) regarding its interim rule permitting monitoring of communications by detainees of the Bureau of Prisons. This interim rule provides that the Attorney General may order the monitoring of attorney client communications of detainees whom he suspects are using those communications to further a terrorist act. See, notice in Federal Register, October 31, 2001, Vol. 66, No. 211, at Pages 55061 - 55066.
Tuesday, Jan 1
New Years Day. Government offices will be closed. There will be no TLJ Daily E-Mail Alert.
Thursday, Jan 3
The State Department published a notice in the Federal Register that its International Telecommunication Advisory Committee (ITAC) will meet regarding the International Telecommunication Union (ITU). The notice states that the meeting will be "from 9:30 to 12:30 on Tuesday. January 3, 2002"
Yahoo Acquisition of HotJobs
12/27. Yahoo and HotJobs announced that they have entered into a definitive agreement regarding Yahoo's acquisition of HotJobs. Yahoo will acquire HotJobs for a total equity value of approximately $436 Million. The transaction is subject to expiration or termination of the Hart Scott Rodino waiting period. The law firm of Skadden Arps was legal advisor to Yahoo on this transaction. The law firm of Wachtell Lipton was legal advisor to HotJobs. See, Yahoo release.
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