Litigation

  • Voluntary Versus Mandatory Wellness Programs

    Last month, we discussed voluntary and incentive-based wellness programs, which are usually offered to employees on a voluntary basis, with various incentives often added to foster continued participation. We went on to discuss mandatory programs, which a minority of employers provide to encourage employees to get healthier by providing extensive health care services ' but that also require certain conduct, such as giving up alcohol and tobacco. This month, we continue with an in-depth discussion of the risks associated with mandatory programs.

    November 27, 2007David S. Baffa and Steven J. Pearlman

  • In the Courts

    Cases of interest to you and your practice.

    November 27, 2007ALM Staff | Law Journal Newsletters |

  • Court Ruling Spikes Internet Ministers, Highlights Legal Issue

    Family law attorneys are urging couples to steer clear of Internet-ordained ministers when seeking an officiate to perform their nuptials. Their warnings follow a recent Pennsylvania court decision in which a judge declared a marriage invalid because the couple had been married by an Internet-ordained minister. The court ruled that the officiate was unauthorized under state law to perform a wedding.

    November 27, 2007Tresa Baldas

  • e-Commerce Docket Sheet

    Recent cases in e-commerce law and in the e-commerce industry.

    November 26, 2007Julian S. Millstein, Edward A. Pisacreta and Jeffrey D. Neuburger

  • Bit Parts

    Arbitration/NFL Agent Contracts
    Copyright Exemption/Subject-Matter Jurisdiction
    Sampling/Copyright Infringement
    Trademark Infringement/TV-Reality Series

    November 26, 2007Stan Soocher

  • Cameo Clips

    COPYRIGHT DAMAGES/CLAIM PRECLUSION
    LIVE PERFORMANCES/CLAIMS BY ARTIST

    November 26, 2007ALM Staff | Law Journal Newsletters |

  • Verdicts

    Recent rulings in med mal cases.

    October 31, 2007ALM Staff | Law Journal Newsletters |

  • ALI Changed Expert Testimony Standard, But Should States Follow It?

    The authors are both members of the American Law Institutes (ALI), an institution that's been around since 1923. Membership is made up of judges, practicing attorneys and legal scholars from both the United States and the international legal community. The ALI employs a deliberative process to gain insights into its various members' understanding and opinions of the law, then it drafts and publishes Restatements of the Law, model codes, and legal studies to promote, as the ALI Web site home page states, 'the clarification and simplification of the law and its better adaptation to social needs, to secure the better administration of justice, and to encourage and carry on scholarly and scientific legal work.' In this article, they take issue with a recent ALI Tentative Draft on the expert testimony standard.

    October 31, 2007James M. Beck and Mark Herrmann

  • Online Interviewing for Use in Lanham Act Litigation

    Internet interviewing will undoubtedly become the norm over the next decade. Being familiar with the ways to enhance its reliability and validity will be necessary to create scientifically valid, controlled, and reliable studies that can be used in Lanham Act litigation.

    October 30, 2007Alex Simonson