Litigation

Explaining that the "bankruptcy court had no jurisdiction to take such action," the Fifth Circuit also vacated the district's court's improper ruling that the bankruptcy judge could enter a personal judgment against the asset buyer.

Examiner appointments in Chapter 11 bankruptcy cases are uncommon, and despite Judge Peter J. Walsh's statement that he had appointed an examiner only two or three times during his career as a bankruptcy judge, he recently ordered the appointment of an examiner in In re DBSI, Inc.

Lawyers scurried to San Jose, CA, bankruptcy court in April to argue over the remains of SeeqPod Inc., the first big casualty on the newest front in the legal war between the record industry and the Internet.

COPYRIGHT INFRINGEMENT/JURY INSTRUCTIONS
TRADEMARK USES/QUALITY CONTROL

Since 2004, Truth in Music Advertising statutes have been enacted in more than 26 states. These laws, aimed at preventing consumer confusion between a recording group and a performing group, set forth several conditions, at least one of which must be met to legally use the name of a music group in conjunction with a concert performance. In April 2009, the U.S. District Court for the District of New Jersey issued a ruling in a case that involved the constitutionality of that state's law.

The current economic climate, along with portable devices and the mobility of today's workforce, has truly created the perfect storm ' exacerbating DLP issues and expanding the definition of DLP and related needs beyond the piecemeal technology offerings currently available. Preventative steps like ethical walls can easily be applied to stored data ' but data in use is the true risk to address.

Some federal judges are opening the door to the press reporting directly from their courtrooms in the interest of bringing more transparency to the judicial process.

Internet communication necessitates sharing content and data with third parties. The voluntary transfer of such content and related data to third-party Internet communication facilitators reduces or eliminates First, Third, Fourth, Fifth and Fourteenth Amendment rights of Internet users. The technology and protocols used to enable Internet communication, as interpreted by existing privacy statutes and case law, further compromises Internet users' privacy and publicity rights. Both legal notices and technological techniques may be used to ameliorate this outcome.