Commercial Law

  • Registering Marks As Top-Level Domain Names

    The Internet Corporation for Assigned Names and Numbers ("ICANN") plans to issue generic top-level domain names ("gTLDs") beyond the current 21 top-level domain names ("TLDs") such as .com and .net. For the first time, trademark owners may use their marks as gTLDs; for example, .nike. The application process is complex, and trademark owners have no guarantee that they will secure gTLDs for their marks. e-Commerce providers, however, can use trademark-law strategy to gain advantages during the application process.

    January 28, 2010Robert B.G. (Red) Horowitz

  • e-Getting Your Back

    Science tells us that most of an iceberg is hidden beneath the surface of the ocean. e-Commerce law tells us the same thing about Web-site development: The "Web front" that shoppers see can be dwarfed by the hidden, or invisible, "back office" ' the contracts, negotiations and software that make e-commerce Web sites possible. Yet it is that back office that can be the difference between a profitable site and one, like a true iceberg, that is merely adrift and fraught with potential hazards.

    January 28, 2010Stanley P. Jaskiewicz

  • The Insured's Right to Select Defense Counsel

    Last month, the authors discussed "substantial conflicts of interest" in various cases involving an insured's right to select its own defense counsel. Part Two herein continues this discussion

    January 28, 2010Seth A. Tucker and Thomas E. Hogan

  • Selected Privilege Issues for Franchise Counsel

    As recent litigation has demonstrated, the use of new communications devices with new capabilities is having an effect on how attorneys and their clients communicate, and, therefore, is raising issues in attorney-client privilege.

    January 28, 2010Eric H. Karp and Les Wharton

  • Med Mal News

    Recent news of importance.

    January 28, 2010ALM Staff | Law Journal Newsletters |

  • The Medicare Secondary Payer Statute

    On Jan. 1, 2010, extensive new Medicare reporting obligations took effect. They apply to insurance companies and other businesses, including product liability and toxic tort defendants that make payments to Medicare beneficiaries as a result of verdicts or settlements resolving liability claims.

    January 28, 2010Sharon L. Caffrey, Christopher L. Crosswhite and John M. Lyons

  • Economic Stimulus and False Claims Act Liability

    Setting aside the contentious issue of whether stimulus activities are good for the economy at large, it is important that applicants for, and recipients of, stimulus funds realize that participation in these programs could result not only in significant benefits, but also in exposure to legal liability.

    January 28, 2010David Lee Tayman

  • What's New in the Law

    An in-depth review of recent key cases and what they mean for your practice.

    January 28, 2010Robert W. Ihne

  • Court of Appeals Upholds Atlantic Yards Condemnation

    Just a week apart, in late November and early December 2009, the Court of Appeals and then the Appellate Division, First Department, made major pronouncements on the authority of the courts to review determinations that ]property is subject to condemnation for allegedly public purposes.

    January 28, 2010Steven M. Silverberg

  • DE Chancery Court Won't Dismiss Action Seeking Dissolution of a Deadlocked Joint Venture

    Unsuccessful 50/50 joint ventures often lead to disputes between the partners and, in some cases, may produce noteworthy judicial decisions. Such is the case with Lola Cars International Limited v. Krohn Racing, LLC, et al. in which the Delaware Court of Chancery recently refused to dismiss claims arising out of a deadlocked joint venture structured as a limited liability company ("LLC"),

    January 28, 2010Robert S. Reder and Rachel Fink