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Commercial Law

  • Childrens' drawings are sometimes treated as evidence of their perceptions of their family relationships. These pictures may be evaluated for insights into whether a child feels emotionally close to parent who is seeking custody or is afraid of a person accused of sexually abusing the child. But are such pictures really "worth 1,000 words"?

    February 26, 2009David Martindale
  • The latest news of interest to you and your practice.

    February 26, 2009ALM Staff | Law Journal Newsletters |
  • In last month's issue, we discussed how Jacob Gunvalson, when denied entry into a clinical trial for a drug that might offer treatment for his terminal disease, sued the drug manufacturer to compel it to seek a "compassionate use" exemption. We conclude with a look at the litigation that ensued.

    February 26, 2009Janice G. Inman
  • A special three-judge panel has held tentatively that overcrowding in California prisons presents an unconstitutional risk to inmate health and safety and that the prisoner population must be reduced. The panel has previously found that the prison system's mental health and medical care is so negligent that it is a direct cause of inmate deaths and suicides.

    February 26, 2009Pamela A. MacLean
  • A franchisor has rights and remedies that a secured creditor is not granted under the UCC, but the franchisor, by becoming a competing secured creditor, does not necessarily advance its rights and remedies in a default situation. The inter-creditor agreement and remarketing agreement are alternatives to maximize recoveries and reduce conflicts by cooperation, rather than by litigation.

    February 24, 2009Craig R. Tractenberg
  • The 21st century is clearly the age of cybercrime, and franchise companies should be especially concerned because, simplistically, there are only two types of computer systems: those that have been hacked, and those that will be hacked.

    February 24, 2009Henfree Chan and Bruce S. Schaeffer
  • In this heightened enforcement environment, it is more important than ever that corporate general counsel be ready and able to navigate a minefield of complex issues as soon as they become aware that their company is the focus of a government investigation.

    February 23, 2009David Krakoff and Peter White
  • A look at A.E., Inc. v. Goodyear Tire and Rubber Co., Inc., No. 05-CV-01317 (D. Colo. 2007), in which visual technology paid a major part in the trail.

    February 20, 2009David Horrigan
  • Employers should be aware of the rapid growth of data privacy and security laws, which may affect their methods of conducting business and handling personal employee information. The new laws carry with them a private right of action in some cases, civil penalties as much as $500,000 and in some states, administrative investigations.

    February 19, 2009Rosanna Sattler and Nancy Puleo
  • When is history simply that: "history"? Perhaps never under the Lilly Ledbetter Fair Pay Act, which sailed through the House and Senate in January and became the first piece of legislation signed into law by President Obama.

    February 19, 2009Holly S. A. Eng and Kahla Bunde