Legal final from review

Penalties for Counterfeiting:

Persons found guilty of violating the SCMGA may be fined up to $2 million or imprisoned for ten years.

Treaties and International Agreements:

A treaty is an agreement or contract between two or more nations that must be authorized and ratified by the supreme power of each nation.

U.S. Space Law:

Each U.S. government agency that operates or authorizes spacecraft is responsible for complying with U.S. law and international treaties.

Fanciful and Arbitrary Trademarks:

Fanciful trade-marks use invented words, and arbitrary trademarks use common words in an uncommon way.

Strong Marks:

Fanciful, arbitrary, or suggestive trade-marks that are usually unrelated to the nature of the product or service.

Income Security:

Federal and state governments participate in insurance programs designed to protect employees and their families from the financial impact of retirement, disability, death, hospitalization, and unemployment. The key federal law on this subject is the Social Security Act.

Civil Law Systems:

Most European, Latin American, African, and Asian nations base their legal systems on civil law, or codified law (an ordered grouping of legal principles enacted into law by a legislature or other governing body).

The World Trade Organization:

Most of the world's leading trading nations are members of the World Trade Organization (WTO).

The New York Convention:

International contracts frequently include arbitration clauses in which the parties agree in advance to be bound by a specified third party's decision in a dispute.

Adopt Resolutions:

International organizations adopt resolutions, declarations, and other types of standards that often require nations to behave in a particular manner.

Patent Infringement:

Making, using, or selling another person's patented product, process, or design without permission is infringement. Infringement may occur even though the patent owner has not put the patented product into commerce, and/or not all features or parts of a product are copied.

Border Searches:

Member nations are required to establish border measures that allow officials—on their own initiative—to search commercial shipments of imports and exports for counterfeit goods.

Electronic Monitoring:

More than half of employers engage in some form of electronic monitoring of their employees. Many employers review employees' e-mail as well as their social media posts and other Internet messages. Employers may also make video recordings of their employees at work, record their telephone conversations, and listen to their voice mail.

A U.S. firm with a substantial market in a foreign country may wish to appoint a distributor located in that country. The U.S. firm and the distributor enter into a

distribution agreement (a contract setting out the terms and conditions of the distributorship).

An instrumentality

includes any department or agency of any branch of a government.

trade secret

is information of commercial value such as customer lists, plans, research and development, pricing information, marketing methods, and production techniques—generally anything that makes an individual company unique and that would have value to a competitor. Trade secret protection extends both to ideas and to their expression.

International law

is the body of law—formed as a result of international customs, treaties, and organizations that governs relations among or between nations.

National law

is the system of laws within a particular nation.

Child Labor:

The FLSA prohibits oppressive child labor. Restrictions on child labor differ by age group, with restrictions on how many hours per day and per week children can work.

Minimum Wages:

The FLSA provides that a minimum wage must be paid to covered nonexempt employees. Most states also have minimum wages, and more than half of the states have set their minimum wages above the federal minimum wage. When the state minimum wage is greater than the federal minimum wage, the employee is entitled to the higher wage.

What Is Patentable?:

To be patentable, the applicant must prove that the invention, discovery, process, or design is novel, useful, and not obvious in light of current technology.

What Is Protected Expression?:

To obtain protection under the Copyright Act, a work must be original; be "fixed in a durable medium" from which it can be perceived, reproduced, or communicated; and fall into one of the following categories:

The public policy exception may apply to an employee discharged for whistleblowing

- (telling government authorities, upper-level managers, or media that the employer is engaged in some unsafe or illegal activity). Whistleblowers often seek protection from retaliatory discharge under federal and state statutes such as the Whistleblower Protection Act.

Section 102 Exclusions:

- Generally, anything that is not an original expression will not qualify for copyright protec-tion. It is impossible to copyright an idea or a fact; however, copyright law may protect a particular expression of an idea or compilation of facts.

Effect of Choice of-Law and Forum Selection Clauses:

- If a sales contract does not include an arbitration clause, litigation may occur.

The AntiCounterfeiting Trade Agreement:

-ACTA is an international treaty designed to combat global counterfeiting and piracy. The idea is to create a new standard of enforcement for intellectual property rights that goes beyond TRIPS.

Violations: An employer that violates the FMLA can be required to provide various remedies, including the following:

1) Damages to compensate the employee for lost wages and benefits, denied compensation, and actual monetary losses, 2) Job reinstatement., promotion

Requirements for Receiving Workers' Compensation: In general, the only requirements to recover benefits under state workers' compensation laws are:

1) The existence of an employment relationship., 2) An accidental injury that occurred on the job or in the course of employment, regardless of fault, An injured employee must notify her or his employer promptly (usually within thirty days of the accident).

Patent Infringement Lawsuits and HighTech Compa-nies

: -Because these firms tend to be holders of numerous patents, they are frequently involved in patent infringement lawsuits.

Licensing:

A U.S. firm may license a foreign manufacturing company to use its copyrighted, patented, or trademarked intellectual property or trade secrets for a fee. Just as with another U.S. firm, a licensing agreement with a foreign-based firm requires a payment of royalties on some basis.

Agency Relationships versus Distributorships:

A U.S. firm that engages in indirect exporting and also wishes to limit its involvement in an international market will typically establish an agency relationship with a foreign firm.

Marks Need Not Be Identical:

A famous mark may be diluted by the use of an identical mark or by the use of a similar mark.

Licensing:

A license is an agreement or contract permitting the use of a trademark, copyright, patent, or trade secret for certain purposes.

Service Marks:

A service mark is essentially a trademark that is used to distinguish the services (rather than the products) of one person or entity from those of another.

Trade Names:

A trade name indicates part or all of a business's name and is directly related to the business's repu-tation and goodwill. It may be protected as a trademark if the trade name is also the name of the company's trademarked product (such as Coca-Cola).

Distinctiveness of the Mark:

A trademark must be sufficiently distinctive to enable consumers to identify the manufacturer of the goods easily and to distinguish between those goods and competing products.

Import Controls:

All nations including the United States have restrictions on imports, including prohibitions, quotas, and tariffs.

Manufacturing Abroad:

An alternative to exporting is the establishment of foreign manufacturing facilities. U.S. firms typically establish manufacturing plants abroad when they believe that doing so will reduce costs.

Space Debris:

An estimated 650,000 objects made by humans are in orbit around the earth. Most of these objects are no longer under any party's control and are classified as space debris.

International Customs:

An important source of international law consists of the international customs that have evolved among nations in their relations with one another.

International Tort Claims:

An increasing number of U.S. plaintiffs are suing foreign (or U.S.) entities for torts that these entities have allegedly committed overseas. Often, these cases involve human rights violations by foreign governments.

International Organizations:

An international organization is composed mainly of officials of member nations and usually established by treaty. The United States is a member of more than one hundred multilateral and bilateral organizations, including at least twenty through the United Nations.

Export Controls:

Article I, Section 9, of the U.S. Constitution provides that "No Tax or Duty shall be laid on Articles exported from any State." Even though Congress cannot impose any export taxes, it can use a variety of other devices to restrict or encourage exports, including the following

Property Rights to Space Resources:

Article II of the Outer Space Treaty bans the national appropriation of territory in space. Under U.S. law, the government must have sovereignty over territory before it can confer title to associated property to its citizens.

The Occupational Safety and Health Act:

At the federal level, the primary legislation protecting employees' health and safety is the Occupational Safety and Health Act, which is administered by the Occupational Safety and Health Admini-stration (OSHA). The act imposes on employers a general duty to keep the workplace safe.

What Is Fair Use?:

Because the "fair use" guidelines are very broad, the courts determine whether a particular use is fair on a case-by-case basis.

Common Law and Civil Law Systems:

Companies operating in foreign nations are subject to the laws of those nations, and international disputes are often resolved through the court systems of individual nations. Legal systems around the globe generally are divided into common law and civil law systems.

Compilations of Facts:

Compilations of facts are copy-rightable as long as they are original. Under Section 103 of the Copyright Act, a compilation is "a work formed by the collection and assembling of preexisting materials or data that are selected, coordinated, or arranged in such a way that the resulting work as a whole constitutes an original work of authorship."

Trademark Dilution:

Congress amended the Lanham Act in 1995 by passing the Federal Trademark Dilution Act, which allows trademark owners to sue in federal court for trademark dilution. An additional Lanham Act amendment, Trademark Dilution Revision Act (TDRA), was passed in 2006. Under the TDRA, to state a claim for trademark dilution, a plaintiff must prove the following

Other Free Trade Agreements:

Congress has also ratified free trade agreements with Colombia and Panama. The Colombian trade agreement includes a provision requiring an exchange of tax information, and the Panama bill incorporates assurances on labor rights.

1) Export quotas.

Congress sets export quotas, or limits, on various items, such as grain being sold abroad.

International Space Law:

Consisting of international treaties and U.N. resolutions, international space laws recognize funda-mentally that activities conducted in outer space and the benefits derived from those activities should improve the welfare of all nations and all humanity.

The Central America Dominican Republic United States Free Trade Agreement (CAFTA

DR):- The CAFTA-DR was formed by Costa Rica, the Dominican Republic, El Salvador, Guatemala, Honduras, Nicaragua, and the United States despite significant opposition in certain nations. Its purpose is to reduce trade tariffs and improve market access among the signatory nations.

Secondary Meaning:

Descriptive terms, geographic terms, and personal names are not inherently distinctive, but will be protected if consumers associate the specific term or phrase with the particular trademarked item.

Lie

Detector Tests: -In the past, many employers required employees or job applicants to take polygraph examina-tions (lie-detector tests). Currently, the Employee Poly-graph Protection Act generally prohibits employers from requiring employees or job applicants to take lie-detector tests or suggesting or requesting that they do so.

Antidumping Duties:

Dumping is the sale of imported goods at "less than fair value." Foreign firms that engage in dumping hope to undersell U.S. businesses and obtain a larger share of the U.S. market. To prevent this, an extra tariff—known as an antidumping duty—may be assessed on the imports.

Employee Privacy Protection:

Employees of private (nongovernment) employers have some privacy protection under tort law and state constitutions. State and federal statutes may also limit an employer's conduct in certain respects. The Electronic Communications Privacy Act prohibits employers from intercepting an employee's personal electronic communications unless they are made on devices and systems furnished by the employer.

Exporting:

Exporting can take two forms: direct exporting and indirect exporting. Companies that export indirectly can make use of agency relationships or distributorship.

Antidiscrimination Laws:

Federal laws in the United States that prohibit discrimination on the basis of race, color, national origin, religion, gender, age, and disability generally apply extraterritorially. Thus, U.S. employees working abroad for U.S. employers are protected under the Age Discrimination in Employment Act and the Americans with Disabilities Act.

Investment Protections:

Firms that invest in foreign nations face the risk that the foreign government may expropriate or even confiscate the investment property.

Patent Infringement and Foreign Sales:

Foreign firms can apply for and obtain U.S. patent protection on items that they sell within the United States. Similarly, U.S. firms can obtain protection in foreign nations where they sell goods.

Trips Prohibits Discrimination:

Generally, the TRIPS agree-ment forbids member nations from discriminating against foreign owners of intellectual property rights in the administration, regulation, or adjudication of those rights.

Remedies for Patent Infringement:

If a patent is infringed, the patent holder may sue for relief in federal court by seeking an injunction against the infringer and/or requesting damages for royalties and lost profits.

Workers' Compensation versus Litigation:

If an employee accepts workers' compensation benefits, he or she may not sue for injuries caused by the employer's negligence. By barring lawsuits for negligence, workers' compensation laws also prevent employers from avoiding liability by using defenses, such as contributory negligence or assumption of risk. A worker may sue an employer who intentionally injures the worker.

Islamic Legal Systems:

In Islamic countries, the legal system and law are often influenced by sharia, the comprehensive code of principles that governs both the public and private lives of persons of the Islamic faith.

Common Law Systems:

In a common law system such as the United States, the courts independently develop the rules governing certain areas of law such as torts and contracts.

Joint Ventures:

In a joint venture, the U.S. company owns only part of the operation, while the rest is owned either by local owners in the foreign country or by another foreign entity. All of the firms involved in a joint venture share responsibilities, profits, and liabilities.

Other Types of Monitoring:

In addition to monitoring their employees' online activities, employers also engage in other types of employee screening and monitoring. A number of practices have been challenged as violations of employee privacy rights.

Exceptions Based on Tort Theory:

In some situations, the discharge of an employee may give rise to an action for wrongful discharge under tort theories. Abusive discharge procedures may result in a lawsuit for intentional infliction of emotional distress or defamation.

Drug Testing:

In the interests of public safety and to reduce unnecessary costs, many employers, including the government, require employees to submit to drug testing.

Quotas and Tariffs:

Limits on the amounts of goods that can be imported are known as import quotas. A tariff (tax on an import) is usually a percentage of the value of the import, but it can be a flat rate per unit.

Inspections:

OSHA compliance officers may enter and inspect the facilities of any establishment covered by the Occupational Safety and Health Act. Employees may also file complaints of violations. Under the act, an employer cannot discharge an employee who files a complaint or who, in good faith, refuses to work in a high-risk area if bodily harm or death might result.

Remedies for Copyright Infringement:

Persons who infringe copyrights may be liable for damages or criminal penalties. Actual damages are based on the harm caused to the copyright holder by the infringement, while statutory damages—not to exceed $150,000—are provided for under the Copyright Act. Criminal proceedings may result in fines and/or imprisonment.

Statutory Protection of Trademarks:

Protection of trademarks and related property is provided at the federal level by the Lanham Act of 1946.

The Republic of Korea United States Free Trade Agreement (KORUS FTA):

Provisions in KORUS were aimed at eliminating 95 percent of each nation's tariffs on industrial and consumer exports from the other nation. It was expected to boost U.S. exports and access to new markets. To date, exports have not increased as much as predicted.

The First Sale Doctrine:

Section 109(a) of the Copyright Act provides that the owner of a particular item that is copyrighted can—without the authority of the copyright owner—sell or otherwise dispose of it.

When a Foreign State Will Not Be Immune:

Section 1605 of the FSIA sets forth the major exceptions to the jurisdictional immunity of a foreign state: 1) When the foreign state has waived its immunity either explicitly or by implication. 2) When the foreign state has engaged in commercial activity within the United States or in commercial activity outside the United States that has "a direct effect in the United States." 3) When the foreign state has committed a tort in the United States or has violated certain inter-national laws 4) When a foreign state that has been designated "a state sponsor of terrorism" is sued under the FSIA for "personal injury or death that was caused by an act of torture" or a related act of terrorism.

The TRIPS Agreement:

Signed by representatives of more than 100 nations in 1994, this agreement established standards for the international protection of patents, trademarks, and copyrights for movies, computer programs, books, and music.

Exceptions Based on Contract Theory:

Some courts have held that an implied employment contract exists between employer and employee. An employee who is fired outside the terms of the implied contract may succeed in an action for breach of contract even though no written employment contract exists.

Employer Sponsored Group Health Plans:

Sponsored Group Health Plans: -The Health Insurance Portability and Accountability Act (HIPAA) contains provisions that affect employer-sponsored group health plans.

Interaction of State and Federal Wage and Overtime Laws:

State legislation may include rules that impact federal wage and overtime laws. For instance, if a state requires employers to give employees one day off per week, an employee who works that day may be entitled to overtime wages.

State Workers' Compensation Laws:

State workers' compensation laws establish an administrative procedure for compensating workers injured on the job. Instead of suing, an injured worker files a claim with the state agency or board that administers local workers' compensation claims. All states require employers to provide workers' compensation insurance, but the specific rules vary by state.

Suggestive Trademarks:

Suggestive trademarks indi-cate something about a product's nature, quality, or characteristics, without describing the product directly.

Trade Secrets in Cyberspace:

Technology undermines many firms' ability to protect their confidential information. Dishonest employees can e-mail trade secrets to competitors or future employers, walk out with the information on a flash drive, or use social media accounts to appropriate them.

Generic Terms:

Terms that refer to an entire class of products (such as bicycle or computer) are not entitled to protection, even if the term was originally the name of a trademarked product.

Affordable Care Act:

The Affordable Care Act (common-ly referred to as Obamacare) requires most employers with fifty or more full-time employees to offer health-insurance benefits. Under the act, any business offering health benefits to its employees may be eligible for tax credits of up to 35 percent to offset the costs.

Copyright Protection for Software:

The Computer Software Copyright Act amended the Copyright Act to include protection of computer programs by federal copyright law.

COBRA:

The Consolidated Omnibus Budget Reconcilia-tion Act (COBRA) enables employees to continue, for a limited time, their health-care coverage after they are no longer eligible for group health-insurance plans. The workers—not the employers—pay the premiums for the continued coverage.

The European Union (EU):

The EU arose out of the 1957 Treaty of Rome, which created the Common Market, a free trade zone comprising the nations of Belgium, France, Italy, Luxembourg, the Netherlands, and West Germany. Today, the EU is a single integrated trading unit made up of a number of European nations.

FMLA Coverage and Applicability:

The FMLA requires employers that have fifty or more employees to provide unpaid leave for specified reasons. (Some employers voluntarily offer paid family leave, but this is not a requirement of the FMLA.) The FMLA expressly covers private and public (government) employees who have worked for their employers for at least a year.

Commercial Spaceflight:

The Federal Aviation Admin-istration (FAA) regulates private spaceports and the launch and reentry of private spacecraft under the Commercial Space Launch Act. The FAA is working to establish licensing and safety criteria for private spacecraft.

Unemployment Insurance:

The Federal Unemployment Tax Act (FUTA) created a state-administered system that provides unemployment compensation to eligible indivi-duals who have lost their jobs.

Private Employers:

The Fourth Amendment does not apply to drug testing conducted by private employers, so the privacy rights and drug testing of private-sector employees are governed by state law.

Social Security:

The Social Security Act provides for old-age (retirement), survivors', and disability insurance. The act is therefore often referred to as OASDI. Retired workers who are covered by Social Security receive monthly payments from the Social Security Administration, which administers the Social Security Act. Social Security benefits are fixed by statute but increase automatically with increases in the cost of living.

The Stop Counterfeiting in Manufactured Goods Act:

The Stop Counterfeiting in Manufactured Goods Act (SCMGA) criminalizes intentional trafficking—or attempts to traffic in—counterfeit goods.

Searchable Patent Databases:

The U.S. Patent and Trademark Office website (www.uspto.gov) provides searchable databases covering U.S. patents granted since 1976.

The United States Mexico Canada Agreement (USMCA):

The USMCA was formerly known as the North American Free Trade Agreement (NAFTA), which created a regional trading unit consisting of Canada, Mexico, and the United States. The goal was to eliminate tariffs among these three nations on substantially all goods by reducing the tariffs incrementally over a period of time.

Create Uniform Rules:

The United Nations Commission on International Trade Law has worked to establish uniformity in international law as it relates to trade and commerce. A significant contribution was the creation of the 1980 Convention on Contracts for the International Sale of Goods (CISG).

3) Incentives and subsidies.

The United States (and other nations) also uses incentives and subsidies to stimulate exports and thereby aid domestic businesses.

Combating Foreign Counterfeiters:

The United States cannot prosecute foreign counterfeiters because our national laws do not apply to them. However, U.S. officials have effectively combated online sales of counterfeit goods by obtaining court orders to close down the domain names of counterfeiters' websites.

Layoffs:

The Worker Adjustment and Retraining Notification (WARN) Act applies to employers with at least one hundred full-time employees. The act requires these employers to provide sixty days' notice before implementing a mass layoff (one affecting at least one-third of the full-time employees at a job site) or closing a plant that employs more than fifty full-time workers.

Doctrine May Immunize a Foreign Government's Actions:

The act of state doctrine and the doctrine of sovereign immunity tend to shield foreign nations from U.S. court jurisdiction. Firms or individuals that own property generally have little legal protection against government actions in the countries where they operate.

When a Foreign Government Takes Private Property:

The act of state doctrine is frequently employed in cases involving expropriation (when a government seizes a privately owned business or privately owned goods for a proper public purpose and awards just compensation) or confiscation (when a government seizes private property for an illegal purpose and without just compensation).

The Act of State Doctrine:

The act of state doctrine provides that the judicial branch of one country will not examine the validity of public acts committed by a recognized foreign government within that government's own territory.

Notices, Records, and Reports:

The act requires that employers post certain notices in the workplace, maintain specific records, and submit reports. Employers with eleven or more employees are required to keep occupational injury and illness records for each employee. Each record must be made available for inspection when requested by an OSHA compliance officer.

The Berne Convention:

The copyright of any work written by a citizen of a signatory country and any work first published in a signatory country—regardless of the author's citizenship—must be recognized by all signatory countries. Works first published after March 1, 1989, are protected even if the signatory country has no prior notice of the copyright.

Common Law Exceptions to the Employment at Will Doctrine:

The courts have carved out various exceptions to the employment-at-will doctrine based on contract theory, tort theory, and public policy.

Trips Establishes Standards and Procedures:

The domestic laws of each member country of the World Trade Organization must include broad intellectual property rights and effective remedies (including civil and crimi¬nal penalties) for violations of those rights.

Minimizing Trade Barriers:

The elimination of trade barriers (restrictions on imports) is sometimes seen as essential to the world's economic well-being. Regional trade agreements and associations help to minimize trade barriers between nations.

Exploration and Exploitation:

The foundation of international space law is the U.N. Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies.

Goals and Provisions anti counterfeiting trade agreements:

The goals of the treaty are to increase international cooperation, facilitate the best law enforcement practices, and provide a legal framework to combat counterfeiting and Internet distribution of pirated copyrighted works.

Private Retirement Plans:

The major federal statute that regulates employee retirement plans is the Employee Retirement Income Security Act (ERISA). This act em-powers the U.S. Department of Labor to enforce its provisions governing employers' private pension funds. ERISA does not require an employer to establish a pension plan. When a plan exists, ERISA provides standards for its management.

Exceptions Based on Public Policy:

The most common exception to the employment-at-will doctrine is made on the basis that the employer's reason for firing the employee violates a fundamental public policy of the jurisdiction. Generally, the courts require that the public policy involved be expressed clearly in the statutory law governing the jurisdiction.

Licensee:

The party obtaining the license who generally pays fees (royalties) for the privilege of using the intellectual property.

Licensor:

The party that owns the intellectual property rights and issues the license.

The Principle of Comity:

The principle of comity refers to legal reciprocity. One nation will defer and give effect to the executive, legislative, and judicial acts of another country, as long as they are consistent with the laws and public policy of the accommodating country.

Trade Dress:

The term trade dress refers to the image and overall appearance of a product (e.g., the distinctive decor, menu, layout, and style of service of a particular restaurant).

Sources of International Law:

There are three sources of inter-national law: international customs, treaties and international agreements, and international organizations.

Counterfeit Goods:

These goods that copy or otherwise imitate trademarked goods may damage the value of the trademark and the trademark holder's reputation and may pose health or safety risks to the consuming public.

Medicare:

This federal government health insurance program is administered by the Social Security Admini-stration for people sixty-five years of age and older and for some under age sixty-five who are disabled. One part pertains to hospital costs and another to nonhospital medical costs, such as visits to physicians' offices. It also offers additional coverage options and a prescription-drug plan. People who have Medicare hospital insurance can obtain additional federal medical insurance if they pay monthly premiums.

The Madrid Protocol:

This international treaty reduces the time and expense of securing international trademark protection through the submission of a single application for registration in signatory countries.

Registration:

Though registration is not required, copyrights can be registered with the U.S. Copyright Office (www.copyright.gov) in Washington, D.C. A copyright owner no longer needs to place the symbol © or the term Copr. or Copyright on the work to have the work protected against infringement.

Trademark Registration:

Trademarks may be registered with a state or with the federal government. To receive protection under federal trademark law, a person must register with the U.S. Patent and Trademark Office in Washington, D.C.

U.S. Antitrust Laws:

U.S. antitrust laws may subject firms in foreign nations to their provisions, as well as protect foreign consumers and competitors from violations committed by U.S. citizens.

Application of the Act:

Under Section 1603 of the FSIA, a foreign state includes both a political sub-division of a foreign state and an instrumentality of a foreign state.

State and Federal Law on Trade Secrets:

Under Section 757 of the Restatement of Torts, those who disclose or use another's trade secret without authorization are liable to that other party if either of the following is true: (1) they discovered the secret by improper means or (2) their disclosure or use constitutes a breach of a duty owed to the other party.

Exports of Space Technology:

Under current U.S. regulations, all spacecraft are classified as "defense articles," which restricts the transfer of space technology (and related information) to any foreign person or nation under the U.S. Department of State's International Traffic in Arms Regulations and makes it difficult for U.S. space companies to compete in global space markets.

2) Restrictions on technology exports.

Under the Export Administration Act, the flow of technologically advanced products and technical data can be restricted.

Overtime Provisions and Exemptions:

Under the FLSA, any employee must be paid no less than 1.5 times her or his regular pay for all hours worked over forty per week.

Tax Contributions:

Under the Federal Insurance Contri-butions Act (FICA), both employers and employees contribute to Social Security and Medicare, although the contributions are determined differently. The employer withholds the employee's FICA contributions from the em-ployee's wages and ordinarily matches the contributions.

Prohibitions:

Under the Trading with the Enemy Act, no goods may be imported from nations that have been designated enemies of the United States. Other laws prohibit the importation of illegal drugs, of agricultural products that pose dangers to domestic crops or animals, and of goods that infringe on U.S. patents.

Employment relationships have traditionally been governed by the common law doctrine of employment at will.

Under this doctrine, either party may terminate the employment relation-ship at any time and for any reason, unless doing so violates an employee's statutory or contractual rights.

The "Fair Use" Exception:

Unlike patents and trade-marks, federal copyright law provides a statutory defense to a claim of copyright infringement.

Copyright Infringement:

Using a copyrighted form or expression of an idea—even with slight variations—without permission constitutes copyright infringement.

Trademark Infringement:

Using a protected trademark—or copying it to a substantial degree—without permission.

Wholly Owned Subsidiaries:

When a wholly owned subsidiary is established, the parent company remains in the United States. The parent maintains complete ownership of all the facilities in the foreign country, as well as total authority and control over all phases of the operation.

Tipped Workers:

When an employee receives tips while on the job, the FLSA gives employers a tip credit toward the minimum wage amount. The employer is required to pay only $2.13 an hour in direct wages—if that amount, plus the tips received, equals at least the federal minimum wage.

Benefits and Protections:

When an employee takes FMLA leave, the employer must continue the worker's health-care coverage on the same terms as if the employee had continued to work.

The Doctrine of Sovereign Immunity:

When certain conditions are satisfied, the doctrine of sovereign immunity exempts foreign nations from the jurisdiction of U.S. courts.

Reasonable Expectation of Privacy:

When determining whether an employer should be held liable for violating an employee's privacy rights, the courts generally weigh the employer's interests against the employee's reasonable expectation of privacy.

Wrongful Discharge:

Whenever an employer discharges an employee in violation of an employment contract or a statutory law protecting employees, the employee may bring an action for wrongful discharge.

Franchising:

With franchising, the owner of a trademark, trade name, or copyright (the franchisor) licenses another (the franchisee) to use the mark, name, or copyright, under certain conditions, in the selling of goods or services.

In direct exporting,

a U.S. company signs a sales contract with a foreign purchaser that provides for the conditions of shipment and payment for the goods.

The Family and Medical Leave Act (FMLA)

allows employees to take time off work for family or medical reasons or in certain situations that arise from military service. Most states have similar legislation. The FMLA does not supersede any state or local law that provides more generous protection.

Section 1603 broadly defines a commercial activity

as a regular course of commercial con-duct, a transaction, or an act that is carried out by a foreign state within the United States.

Space law

consists of the international and national laws that govern activities in outer space.

A collective mark

is a certification mark used by members of a cooperative, association, or other organization to distinguish products or services approved by the collective from those not so approved (e.g., union labels).

A trademark

is a distinctive mark, motto, device, or emblem that a manufacturer stamps, prints, or otherwise affixes to the goods it produces so that they may be identified on the market and their origins made known.

A patent

is a grant from the government that gives an inventor the exclusive right or privilege to make, use, or sell an invention for a set period of time.

A certification mark

is a mark used by one or more persons or entities other than the owner to certify the region, materials, mode of manufacture, quality, or accuracy of the owner's goods or services (e.g., UL Tested, Good Housekeeping Seal of Approval).

A copyright

is an intangible property right granted by federal statute to the author or originator of a literary or artistic production of a specified type.

Intellectual property

is any property resulting from intellectual, creative processes—the products of an individual's mind.

Indirect exporting

occurs when a U.S. company establishes a specialized marketing organization in a foreign country by appointing a foreign agent or a foreign distributor.

In a civil law system,

the primary source of law is a statutory code. Courts interpret the code and apply the rules to individual cases, but may not depart from the code and develop their own laws. Judicial precedents are not binding, as they are in a common law system.