Commercial Law

  • When it comes to infringement of intellectual property, there are no "IP police" hiding in the obscure nooks and crannies of cyberspace to chase down those who misuse property online. Instead, the e-commerce firm itself often must become its own IP cop, when it discovers ' as it inevitably will in the online free-for-all ' that its marks, copyrighted content or knockoffs of its unique products appear on the Web site or in the e-catalog of a competitor.

    July 29, 2010Stanley P. Jaskiewicz
  • In today's climate of increasing concern about medical malpractice liability, is it safe for a doctor to give advice when asked by a treating physician?

    July 29, 2010Linda S. Crawford
  • Retained testifying experts who assert that neither their findings nor their opinions might be affected by biases are either fools, liars, or lying fools.

    July 29, 2010David A. Martindale
  • If this were an article about Toyota's actions and inactions, it could stop here. But it is really about the proposed "Motor Vehicle Safety Act of 2010." This legislation, engendered by the Toyota recalls, makes TREAD (Transportation Recall Enhancement Accountability and Documentation Act)sem minor by comparison.

    July 29, 2010Nicholas J. Wittner
  • For more than a year, the software/information technology, financial, and even biotech industries, along with the patent bar, waited for the Supreme Court to weigh in on the issue of business methods and patent-eligible subject matter under ' 101 of the Patent Act. In its recent decision in Bilski v. Kappos, the Supreme Court provided an answer for the business method claimed by Bilski, but not a lot of detailed guidance for future cases.

    July 29, 2010Brian Mudge
  • In an Opinion Letter issued on June 22, 2010, the U.S. Dept. of Labor (DOL) clarified who may be a parent under the Family and Medical Leave Act, including same-sex domestic partners who stand in loco parentis to a child.

    July 29, 2010Brian D. Pedrow
  • Employee mobility, coupled with the exceeding ease with which confidential and proprietary trade secret information can be stored and transported, creates the perfect platform for trade secret theft. And it's not just a hypothetical problem.

    July 29, 2010Rick Bergstrom And Mark Temple
  • Employers often fail to take into account all elements of compensation and benefits when valuing payments in lieu of notice. This article addresses certain elements of such payments that are often overlooked.

    July 29, 2010John D. Shyer And Austin Ozawa
  • Matrimorphology ' what is it? It means the study of changing matrimonial law, in this case, the Divorce Reform Act of New Jersey.

    July 29, 2010Laurence J. Cutler