News – Chester Law

May 13

New Regulations Remove Most Satellites from ITAR Controls

By Jim Chester Export, International Business, News

US Commerce Department to License Export of Satellites; Move is Key Component of Export Control Reform Initiative

The U.S. Department of Commerce’s Bureau of Industry and Security (BIS) recently published regulations that will fundamentally change the nature of U.S. export controls on most commercial, scientific, and civil satellites and their parts and components. Together with a companion rule issued by the Department of State, the action moves the items from Category XV of the State Department’s U.S. Munitions List (USML) to the Commerce Control List (CCL).

Items on the USML are governed by the hyper-strict International Traffic in Arms Regulations (ITAR) and supervised by the State Department. Most less-sensitive commercial exports on the CCL are governed by BIS, which has significantly fewer restrictions and controls than ITAR. Thus, this move opens the door to a much broader export market for these items.

“[This] action reflects the cooperation that has made the President’s Export Control Reform Initiative such an extraordinary success story,” said Under Secretary of Commerce Eric L. Hirschhorn. “For the many American businesses that compete in this key technology sector, it means a stronger United States defense industrial base, the ability to focus the government’s limited resources on the technologies and destinations of greatest concern, an increase in the competitiveness of the U.S. satellite industry, and a reduction in the licensing burden on U.S. exporters.”

The items moving to Commerce jurisdiction include communications satellites that do not contain classified components, certain remote sensing satellites, spacecraft parts, components, accessories, attachments, equipment, or systems that are not specifically identified in the revised category, and all radiation-hardened microelectronic microcircuits.

In many instances, the updated regulations also allow the commercial, scientific and civil satellites transferred to Commerce jurisdiction to incorporate parts and components listed on the USML and remain under Commerce licensing authority.

The changes to the controls on radiation-hardened microelectronic microcircuits take effect 45 days after publication of the rule, while the remainder of the changes take effect 180 days after publication.

SOURCE: BIS

May 06

IP Guide: Protecting Software

By Jim Chester Blog, Intellectual Property, News, White Papers

Dallas-based business & innovation law firm Chester & Jeter LLP has recently posted a new white paper on its website.

The paper, titled “Protecting Software – Alternatives to Patents” discusses some of the concerns and limitations with using patents to protect rights in and to software, and provides some alternative tools and strategies that software owners can employ.

This free guide, along with other informative IP and business-related legal guides, is available Here.

Apr 24

Chester named Chair of EDCC’s “Entrepreneur & Innovation Committee”

By Jim Chester Blog, Community, Innovation, News

The Greater East Dallas Chamber of Commerce (EDCC) has formed a new Entrepreneur and Innovation Committee (E&I).

The new committee was recently created to reach a broader audience within the East Dallas community and meet the growing networking and information-sharing needs of the community’s entrepreneurs in the IT/technical and creative industries.

Chamber member Jim Chester, a Lakewood area attorney and founder of Chester & Jeter LLP, was named the founding chairman of the new E&I Committee.

“I was thrilled when Jim came to me with his ideas,” said Chamber Chair Darlene Ellison. “His vision includes tapping into the growing population of entrepreneurs in the Greater East Dallas community who are in the technology and creative industries, and providing networking to increase business opportunity synergies amongst the members. Jim is the perfect Chamber member to lead the charge.”

The Entrepreneur and Innovation (E&I) Committee was formed to announce to the local and regional business community that East Dallas is a hub of innovation and entrepreneurship by spotlighting area start-ups and emerging companies, as well as innovation-based companies and resources. By “Innovation”, the Committee intends to encompass two distinct yet interrelated areas: technical (IT, ecommerce, computers, software, etc.) as well as creative (PR, advertising, graphic design, web design, photographers, fashion, writers, etc.) innovators.

Of the new E&I Committee, Chester states: “I am excited to be a part of this initiative of the Chamber. There are already a number of entrepreneurs and innovative companies located in (or with ties to) East Dallas, so one of our primary roles will be to provide opportunities and places for these folks to gather, network, share ideas, and get assistance, resources and support. Once folks see what the Chamber has to offer entrepreneurs and innovators like themselves, I expect that many will not only want to join the Chamber, but will get involved in the E&I Committee and its projects, as well as other Chamber activities – bringing new ideas and energy along with them.”

“As an additional benefit,” adds Chester, “we hope that, by showcasing East Dallas as a hub of innovation and entrepreneurship, we will encourage more companies to start or relocate their operations to the area.

“As the E&I Committee grows and evolves, we expect to implement a number of initiatives over the next few years,” Chester declared. “But our present focus is to start with a couple of core projects, build some momentum, and then go from there.”

The E&I Committee is off to a fast start: it has already launched a mentor program in coordination with the Chamber’s Young Professionals group to match emerging innovators and entrepreneurs with more experienced business professionals.

In addition, the E&I Committee is currently promoting its inaugural “E&I”-centric happy hour networking event on May 28th at Times 10 Cellars. Also in May, the E&I Committee is providing the an entrepreneur-oriented speaker and topic for the EDCC’s Brown Bag Lunch Series at C.C. Young on May 16th. Similar additional events are planned later in 2014.

Some proposed projects include The Entrepreneur And Start-Up Training Development Sessions (or “E.A.S.T.”) which will provide training for start-up businesses to go from “idea to enterprise” to include entity formation, tax issues, banking/accounting etc. A second, more advanced level of training would help people manage growth and handle “next stage” development issues such as office space, employees, branding, IT, etc.

Future plans include more ambitious projects such as partnerships with area schools in the promotion of the entrepreneurship and innovative careers, annual EDCC awards for area innovators and entrepreneurs, and even the establishment of an East Dallas innovation-oriented business incubator.

About the EDCC. The Greater East Dallas Chamber works to promote the civic, cultural, business and educational interests in the East Dallas area. For more information www.eastdallaschamber.com.

About Chester & Jeter LLP. Chester & Jeter LLP is a Dallas, Texas law firm providing comprehensive legal services to innovation-based companies doing business in the US, around the world, and on the web. Its mission (and passion) is helping entrepreneurs and emerging companies solve problems and protect their interests. Chester & Jeter LLP delivers value by providing business-savvy, cost-effective solutions to legal challenges. The firm offers a wide array of business legal solutions, such as business entity formation (LLCs, corporations, etc.), trademarks and other intellectual property, technology transactions, contracts, ecommerce, employment law and dispute resolution. Additional information about the firm and its attorneys may be found at www.chester-law.com

Apr 23

Jim Chester Named to D Magazine “Best Lawyers in Dallas” List

By Jim Chester Innovation, Intellectual Property, News

Jim Chester Named to D Magazine “Best Lawyers in Dallas” List

J. F. (Jim) Chester, founding partner in the Dallas-based business & innovation law firm of Chester & Jeter LLP has been selected for inclusion in D Magazine’s 2014 list of “Best Lawyers in Dallas.”

Chester will be listed in the computer and technology law practice section, although his practice also covers a broad range of intellectual property, business, technology and international transactional matters.

Chester stated, “There are a number of lists and awards out there, but this one is of special significance because it is based on recommendations from colleagues in the Dallas legal community. To be recognized by such an esteemed group of legal professionals in my own city is truly an honor.”

About Chester & Jeter LLP

Chester & Jeter LLP is a Dallas, Texas law firm providing comprehensive legal services to innovation-based companies doing business in the US, around the world, and on the web. Its mission (and passion) is helping entrepreneurs and emerging companies solve problems and protect their interests. Chester & Jeter LLP delivers value by providing business-savvy, cost-effective solutions to legal challenges. The firm offers a wide array of business legal solutions, such as business entity formation (LLCs, corporations, etc.), trademarks and other intellectual property, technology transactions, contracts, ecommerce, employment law and dispute resolution. Additional information about the firm and its attorneys may be found at www.chester-law.com

Apr 14

Jim Chester Speaks at State Bar of Texas Annual “Advanced IP” CLE

By Jim Chester Blog, Customs IP Enforcement, Import, Intellectual Property, International Business, International IP, News, Technology Transactions

Dallas, Texas, 14 April 2014 – J. F. (Jim) Chester, founding partner in the Dallas-based business & innovation law firm of Chester & Jeter LLP recently presented a speech on the U.S. regulation of international technology transfers to a statewide audience of intellectual property attorneys at an event sponsored by the Intellectual Property Section of the State Bar of Texas (SBOT).

Chester’s presentation was part of the SBOT’s annual 2-day “Advanced IP” CLE program, which features many of the stats most notable IP attorneys. This year’s event was held in Dallas, Texas.

The title of Chester’s presentation was: “International Technology Transfers”, and focused on the regulatory issues associated with the import and export of technology and IP-oriented goods and information.

Chester reports, “I was honored to be asked to participate in this program, which is one of the top IP law-oriented events in the State of Texas. IP is an increasingly global asset, and although increased international trade creates opportunities for IP owners, there are also increased risks. I applaud the SBOT, and the IP Section in particular, for ensuring that emerging important subject like these are addressed in its programs. ”

About Chester & Jeter LLP

Feb 26

An 18-Wheeler with better Gas Mileage than your SUV?

By Jim Chester Blog, Innovation, Intellectual Property, International Business, News

Pedestrians passing by the Energy Department headquarters in Washington, D.C., on February 19 saw quite a strange sight—an ultra-modern 18-wheeler, Class 8 tractor-trailer parked outside the headquarters building. This is no ordinary truck—it’s called a SuperTruck, a demonstration vehicle that is part of the Energy Department’s SuperTruck initiative. This program’s goal is to develop tractor-trailers that are 50% more efficient than baseline models by 2015.

The truck on display, developed by heavy-duty manufacturers Cummins and Peterbilt, has exceeded this goal. Since 2010, the truck has demonstrated a 20% increase in engine efficiency and a 70% increase in freight efficiency, reaching over 10 miles per gallon under real world driving conditions on a Class 8 tractor-trailer. In comparison, an average Class 8 truck typically gets 5.8 miles to the gallon. This accomplishment is so impressive that the SuperTruck served as a backdrop to President Obama’s announcement of new fuel economy standards for heavy-duty vehicles.

Improving the efficiency of long-haul tractor-trailers is one of the many ways that the United States can reduce the amount of petroleum we use and the carbon pollution we produce. Commercial trucks, which include Class 8 vehicles, haul as much as 80% of the goods transported in the country. Although they only make up 4% of vehicles on the road, they use about 20% of the fuel consumed. For the complete story, see the EERE Blog

SOURCE: US Dept of Energy

Jan 26

Melder Joins Chester & Jeter LLP

By Jim Chester Blog, Employment, Litigation, News

The Dallas-based business & innovation law firm Chester & Jeter LLP is pleased to announce that labor and employment attorney Michael Melder has joined the firm as Of Counsel.

Michael’s practice will focus on labor and employment law, including matters such as employment agreements, employee handbooks and policy manuals, workplace investigations, and issues related with hiring, disciplining, and terminating employees.

Immediately prior to joining Chester & Jeter, Michael was in-house counsel with Ennis, Inc., one of the largest print manufacturers in the United States. While at Ennis, he provided labor and employment counsel to divisional leaders and managed the company’s human resources department. Prior to Ennis, Michael worked for Key Harrington Barnes, a boutique management-side labor and employment firm.

“Jim and Justin are terrific attorneys and we have complementary practices that provide exceptional service to the small to mid-sized company,” notes Michael of the move. “Joining forces with the firm was an easy decision. “

“Michael is a service-oriented lawyer with a great reputation,” adds partner Justin Jeter. “His practice and his personality will integrate into our firm very well.”

According to Jim Chester, Chester & Jeter’s managing partner: “Adding Michael’s labor and employment expertise to our firm marks another significant step toward our goal of establishing a boutique law firm that meets the comprehensive, mission-critical legal needs of a select type of client: start-ups, entrepreneurs, and small to mid-sized innovation-based companies.”

——

About Chester & Jeter LLP

Chester & Jeter LLP is a Dallas, Texas law firm providing comprehensive legal services to innovation-based companies doing business in the US, around the world, and on the web. Its mission (and passion) is helping entrepreneurs and emerging companies solve problems and protect their interests. Chester & Jeter LLP delivers value by providing business-savvy, cost-effective solutions to legal challenges. The firm offers a wide array of business legal solutions, such as business entity formation (LLCs, corporations, etc.), trademarks and other intellectual property, technology transactions, contracts, ecommerce, employment law, litigation and dispute resolution. Additional information about the firm and its attorneys may be found at www.chester-law.com

Dec 19

Ex-Im Bank Approves $694 Million to Finance Export of U.S. Mining and Rail Equipment to Australia: Transaction Supports 3,400 U.S. Jobs

By Jim Chester International Business, News, Technology Transactions

In a decision that will support thousands of U.S. jobs, the Export-Import Bank of the United States (Ex-Im Bank) has authorized a $694.4 million loan to Roy Hill Holdings of Australia contingent upon the purchase of U.S. mining and rail equipment from Caterpillar Inc., GE, and Atlas Copco.

According to Bank estimates derived from Departments of Commerce and Labor data and methodology, the credit will support 3,400 U.S. jobs across America. Furthermore, an estimated 20 percent of the job support will benefit small-business jobs.

“After a comprehensive review, the Bank determined that this transaction represents a significant opportunity for American exporters to create and sustain American jobs,” said Ex-Im Bank Chairman and President Fred P. Hochberg. “Our financing positions American companies on a level playing field so they can close the sales and expand their homegrown workforces. Projects this size can be difficult to finance—that’s where Ex-Im comes in. And I am proud that today’s action will support 3,400 jobs across the country, many of them at small businesses.”

Export credit agencies of several other countries have obtained preliminary or final approvals for the Roy Hill transaction as well.

The exported equipment will contribute to the development of the Roy Hill iron ore mine, an open-pit surface mine in the Pilbara region of northwestern Australia. The mine sits approximately 280 kilometers south of Port Hedland.

Ex-Im Bank’s loan increases the likelihood that Caterpillar, a leading equipment manufacturer based in Peoria, Ill., will provide surface-mining equipment for the project.

“Caterpillar applauds Ex-Im Bank for approving the long-term financing request for the Roy Hill’s Australian iron-ore project,” said Steve Wunning, group president with responsibility for the Resource Industries Group, Caterpillar Inc. “By backing this project, Ex-Im Bank is bolstering U.S. manufacturing competitiveness, supporting American jobs and promoting exports. Ex-Im Bank is also providing Caterpillar and other U.S. suppliers with the opportunity to support Roy Hill with mining equipment that may have otherwise been supplied by non-U.S. competitors using their countries’ export credit agencies. We appreciate the support of Chairman Hochberg and all the Ex-Im Bank officials who worked so hard to get us to this point.”

The financing also increases the likelihood that GE will furnish locomotives to transport the iron ore to the port.

“Ex-Im Bank’s support of the Roy Hill’s Australian iron-ore project represents a major milestone for the mining industry and U.S. job growth,” said Russell Stokes, president and chief executive officer, GE Transportation. “Further, it’s testament to the great outcomes that can be achieved through collaboration of federal and private sector leadership. We’re thrilled to have our locomotives leading the charge and enabling transport efficiencies.”

In line with its economic-impact procedures, Ex-Im Bank performed a detailed economic-impact analysis and found that the transaction will likely have a significant net positive effect on the U.S. economy. Additionally, Ex-Im Bank obtained a market-based supplemental analysis prepared by a third party that also yielded a positive finding.

ABOUT EX-IM BANK:

Ex-Im Bank is an independent federal agency that creates and maintains U.S. jobs by filling gaps in private export financing at no cost to American taxpayers. The Bank provides a variety of financing mechanisms, including working-capital guarantees, export-credit insurance and financing to help foreign buyers purchase U.S. goods and services. In the past fiscal year alone, Ex-Im Bank earned for U.S. taxpayers more than $1 billion above the cost of operations.

In FY 2013, Ex-Im Bank approved more than $27 billion in total authorizations to support an estimated $37.4 billion in U.S. export sales and approximately 205,000 American jobs in communities across the country. For the year, the Bank approved a record 3,413 transactions– or 89 percent–for small-businesses. For more information, visit www.exim.gov.

SOURCE: US EXPORT-IMPORT BANK

Dec 02

Black-Out Monday: 706 Web Sites Selling Counterfeit Merchandise Seized

By Jim Chester copyright, Customs IP Enforcement, Export, Import, Intellectual Property, International IP, Internet / eCommerce, News, Technology Transactions

U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) teamed with 10 foreign law enforcement agencies to seize hundreds of domain names that were illegally selling counterfeit merchandise online to unsuspecting consumers. Seizures come as US consumers flock to the Web for Cyber Monday shopping deals.

The 706 domain names seized were set up to dupe consumers into unknowingly buying counterfeit goods as part of the holiday shopping season. The operations were coordinated by the HSI-led National Intellectual Property Rights Coordination Center (IPR Center) in Washington, D.C.

An iteration of “Operation In Our Sites,” Project Cyber Monday IV resulted in the seizure of 297 domain names from undercover operations conducted by HSI offices around the country. This is the fourth year that the IPR Center has targeted websites selling counterfeit products online in conjunction with Cyber Monday. Due to the global nature of Internet crime, the IPR Center partnered with Europol who, through its member countries, seized 393 foreign-based top-level domains as part of Project Transatlantic III. Additionally, Hong Kong Customs coordinated the seizure of 16 foreign-based top-level domains hosted in Hong Kong, enlisting the assistance of the web-hosting companies to suspend the service of related websites.

“Working with our international partners on operations like this shows the true global impact of IP crime,” said ICE Acting Director John Sandweg. “Counterfeiters take advantage of the holiday season and sell cheap fakes to unsuspecting consumers everywhere. Consumers need to protect themselves, their families, and their personal financial information from the criminal networks operating these bogus sites.”

During the weeks leading up to the end of the year, the market is flooded with counterfeit products being sold at stores, on street corners, and online, according to law enforcement officials, not only ripping off the consumer with shoddy products, but also putting their personal financial information at risk. The most popular counterfeit products seized each year include headphones, sports jerseys, personal care products, shoes, toys, luxury goods, cell phones and electronic accessories, according to the IPR Center.

“This operation is another good example of how transatlantic law enforcement cooperation works. It sends a signal to criminals that they should not feel safe anywhere,” said Rob Wainwright, director of Europol. “Unfortunately the economic downturn has meant that disposable income has gone down, which may tempt more people to buy products for prices that are too good to be true. Consumers should realize that, by buying these products, they risk supporting organized crime.”

During the last few weeks, the IPR Center and its international partners received leads from trademark holders regarding the infringing websites. Those leads were disseminated to HSI offices in Denver, Dallas, El Paso, Houston and Salt Lake City as well as the Belgium Economic Inspection, Belgium Customs, Denmark Police, Hungarian Customs, French Gendarmerie, French Customs, Romanian Police, Spanish Guardia Civil, City of London Police, and Hong Kong Customs and Excise Department.

The domain names seized are now in the custody of the governments involved in these operations. Visitors typing those domain names into their Web browsers will now find a banner that notifies them of the seizure and educates them about the federal crime of willful copyright infringement.

During this operation, federal law enforcement officers made undercover purchases of a host of products including professional sports jerseys and equipment, DVD sets and a variety of clothing, jewelry and luxury goods from online retailers who were suspected of selling counterfeit products. Upon confirmation by the trademark or copyright holders that the purchased products were counterfeit or otherwise illegal, law enforcement officers obtained seizure orders for the domain names of the websites that sold these goods.

Operation In Our Sites is a sustained law enforcement initiative that began more than three years ago to protect consumers by targeting the sale of counterfeit merchandise on the Internet. The 297 domain names seized under Project Cyber Monday IV bring the total number of In Our Sites domain names seized to 2,550 since the operation began in June 2010. In that time, the seizure banner has received more than 122 million individual views.

U.S. Attorney’s Offices in the District of Utah, Western District of Texas, Southern District of Texas, Northern District of Texas, and the District of Colorado issued the warrants for U.S. seizures. Significant assistance was provided by the Department of Justice’s Computer Crime and Intellectual Property Section.

The HSI-led IPR Center is one of the U.S. government’s key weapons in the fight against criminal counterfeiting and piracy. Working in close coordination with the Department of Justice Task Force on Intellectual Property, the IPR Center uses the expertise of its 21-member agencies to share information, develop initiatives, coordinate enforcement actions and conduct investigations related to intellectual property theft. Through this strategic interagency partnership, the IPR Center protects the public’s health and safety and the U.S. economy.

SOURCE: U.S. ICE (www.iprcenter.gov)

Sep 13

Chester Named to “Texas Super Lawyers” List

By Jim Chester Blog, Community, Grab Bag, News, Portfolio, Testimonial

J. F. (Jim) Chester, founding principal in the Dallas-based business & innovation law firm of CHESTER pllc, was recently selected for inclusion on the 2013 Texas Super Lawyers® list. Chester will be listed in the intellectual property practice section, although his practice also covers a broad range of business, technology and international transactional matters.

Texas Super Lawyers®, a Thomson Reuters business, is a rating service of outstanding Texas lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement. The annual Texas Super Lawyers® selections are based on a rigorous, multiphase process, including peer nominations and review, and independent research. No more than 5% of the lawyers in Texas are selected to be a part of this list.

This is the first time Chester has been named to the Texas Super Lawyers® list, although he has been listed several times in “Rising Stars Under 40,” by the same issuing group. Chester has also earned an “AV® Preeminent” Peer Review Rating by Martindale Hubbell®, a separate yet equally-prestigious honor.

Chester stated, “There are a number of lists and awards out there, but this is one of the big ones because it is based on recommendations from colleagues in the legal community, including those who were previously named Super Lawyers. To be recognized by such an esteemed group of legal professionals is truly an honor.”

About CHESTER pllc

CHESTER pllc is a Dallas, Texas law firm providing comprehensive legal services to innovation-based companies doing business in the US, around the world, and on the web. Its mission (and passion) is helping entrepreneurs and emerging companies solve problems and protect their interests. CHESTER pllc delivers value by providing business-savvy, cost-effective solutions to legal challenges. The firm offers a wide array of core legal solutions to entrepreneurial enterprises, such as business entity formation (LLCs, corporations, etc.), trademarks and other intellectual property, technology transactions, domestic and international contracts, and ecommerce matters. Additional information about the firm and its attorneys may be found at www.chester-law.com