Litigation

  • In Re Seagate, LLC

    Tension concerning the duty-of-care standard has continually mounted as courts have wrestled with the scope of the waiver of the attorney-client and work-product privileges when litigants asserted an advice-of-counsel defense. More recently, several district courts extended the waiver to trial counsel, further presenting considerable obstacles when defending a claim of willful infringement. It is in this environment that the Federal Circuit decided, sua sponte, that it should reconsider the duty-of-care standard and the waiver issues associated with the advice-of-counsel defense.

    September 28, 2007Stacy L. Prall

  • Internet Gambling Law Challenged

    A federal law that targets online gambling by making it illegal to make or receive payoffs violates the First Amendment, a federal suit charges. A not-for-profit association of Internet gamers and gaming companies is asking a federal judge in Trenton, NJ to block enforcement of the Unlawful Internet Gambling Enforcement Act ('UIGEA') and to issue a temporary restraining order.

    September 27, 2007Mary Pat Gallagher

  • Counsel Concerns

    The U.S. District Court for the Southern District of New York granted partial sanctions against plaintiffs' counsel in a copyright-infringement suit.

    September 27, 2007Stan Soocher

  • Block to Perpetual Attorney Fees

    Entertainment law firms in California commonly charge the talent they represent on a percentage basis, rather than an hourly one. The typical arrangement requires the client to pay 5% of gross income derived from contracts entered into during the course of the representation. Earlier this year, a Superior Court judge in Los Angeles addressed the enforceability of this fee structure in the context of an acrimonious dispute between two entertainment firms. The principal issue in the case, and the focus of this article, is whether clients who had departed for the new firm had a continuing obligation to pay that 5% fee to the old firm as a matter of contract law.

    September 27, 2007Michael I. Rudell and Neil J. Rosini

  • Computer Forensics Docket Sheet

    Court Reverses Conviction Where Defendant Was Unaware Of Computer Cache Files

    September 27, 2007ALM Staff | Law Journal Newsletters |

  • Foreign Companies Prosecuted in the U.S. for Bribes Overseas

    In an effort to level the playing field for U.S. businesses overseas, many OECD countries adopted the Convention on Combating Bribery of Foreign Public Officials in International Business Transactions in 1998. Nearly 10 years later, the main result may have been to enlarge the playing field of U.S. law enforcement.

    September 27, 2007Laurence A. Urgenson and Audrey L. Harris

  • Landlord & Tenant

    Two important cases for your review.

    September 27, 2007ALM Staff | Law Journal Newsletters |

  • Decisions of Interest

    Recent rulings of importance to you and your practice.

    September 26, 2007ALM Staff | Law Journal Newsletters |

  • Transgender Employees

    Legislatures and courts alike in several jurisdictions have extended existing anti-discrimination laws to transgender people, and some employers have followed suit with changes to their non-discrimination policies. Employers are thus advised not only to familiarize themselves with the current legal landscape for transgender rights, but also to consider the practical implications of such laws on their own efforts to provide an inclusive and non-discriminatory workplace environment for transgender employees. This two-part article will explore the legal landscape and its implications.

    September 26, 2007John D. Shyer and Toshi Kameoka