Features
Ben Bedell
A television station's report that two stores in the D'Lites chain of dietary ice cream franchises were mislabeling their "small" portions as low calorie and low carb was "substantially true," and a defamation claim by a franchise owner was properly dismissed, a Manhattan appeals court said on March 15.
Features
Pamela R. Kaplan
It is a fact pattern common to asbestos-related lawsuits: A plaintiff recalls generally working around different products that may or may not have contained asbestos, but cannot pinpoint specific time periods or locations where those products were present and could have exposed the plaintiff to asbestos. Typically, the alleged exposure occurred three or more decades ago, with no potential corroborating documents or witnesses surviving to the present date. This scenario places defendants in the untenable position of defending a claim without access to any information on the products, or the alleged exposure, that will either confirm or deny that the identified products were both present in the plaintiff's workplace and actually contained asbestos.
Features
David J. Kaufmann
A number of conflicting decisions over the past year and a half concerning whether provisions prohibiting waiver of duties or liabilities under the New York Franchise Act prohibit franchisors from interposing franchisee "non-reliance" franchise agreement disclaimers when confronting fraud actions brought under the Act makes clear that this critical area of law will remain muddied until the courts decisively rule on the subject.
Features
Ben W. Heineman, Jr.
For the inside counsel revolution to succeed, the General Counsel must follow a basic dictum: Hire the best. The key to the legal function's credibility with the CEO and senior line executives is to seek broad-gauged lawyers who are outstanding technical experts, wise counselors and effective leaders to occupy the top specialists jobs in the company and to be general counsel in the main operating divisions.
Features
Barbara M. Goodstein
As creditors well know, a lien holder must be vigilant in both perfecting and maintaining the perfection and priority of its lien. But even a creditor that properly maintains its lien may find that enforcement of (or more specifically, failing to enforce) that lien can affect priority.
Columns & Departments
GAO Finds FDA's Safety Tracking System Lacking
Columns & Departments
Stan Soocher
Deactivated Facebook Page of Band Not a "Use in Commerce"<br>New York Federal Court Declines Request From Elvis Presley Enterprises To Obtain Royalty Documents From Sony Music for Litigation Against Arista Music in Germany
Features
David Greetham
Leveraging advanced technologies can empower corporate counsel and law firms alike to take control of the ongoing challenge that today's "information on demand" expectations present. When access, disaster recovery, scalability and security are paramount requirements, a migration to the cloud could be the most effective route to help ensure this is accomplished.
Features
Marc S. Roth
Not if, but when." These simple words are enough to keep privacy officers, corporate counsel, compliance officers and IT managers up at night when faced with the reality that their network will at some point be breached. While there are no silver bullets to stop breaches from occurring, understanding and following legal actions brought by regulatory agencies and heeding security guidance they issue can go a long way.
Features
Ted Sabety
The rapid adoption of cloud computing has attracted companies that seek to lower their information technology costs. At the same time, it is reported that there has been an increase in data loss and an increase in cyber-liability claims against companies. But the biggest vendors in the cloud computing industry want to push the risk of penetration of their systems onto their customers adopting the technology.
