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Features
As it does each year, New York's Court of Appeals issued some significant family-law related decisions in 2008. As the new year begins, it's a good time to look back on the important decisions of last year that every New York matrimonial law practitioner should be aware of.
Features
While some courts have allowed the use of race- and socio-economic-based statistical evidence when computing damages in tort actions, others have expressly rejected the use of such statistical evidence, questioning the appropriateness, reliability, and fairness of this evidence when used in this way.
Features
This article briefly outlines the historical development of the federal rules relating to expert witness discovery, discusses evolving judicial interpretations of the scope of expert witness discovery, provides a sampling of federal and state court rulings as to various types of expert witness discovery requests, and offers practical advice in respect to managing expert witness discovery.
Features
The Pharmaceutical Research and Manufacturers of America ("PhRMA") recently issued a revised version of its Code on Interactions with Healthcare Professionals that took effect on Jan. 1, 2009 ("revised Code"). Here's a look at the revisions.
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Recent rulings of interest to you and your practice.
Features
Recent rulings of interest to you and your practice.
Features
Web Arbitration Clause Before Purchase Does Not Cancel Unconscionability<br>Web Host Gets CDA Immunity for Alleged Defamatory Site Content <br>Game 'Cheat' Software Circumventing Security Does Not Violate DMCA<br>Late Option Exercise Under License Not Excused on Equitable Grounds <br>Print-on-Demand Publisher Not Liable for Alleged Defamatory Book
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Many state franchise or distributor statutes contain provisions that purport to limit the enforceability of waivers or releases signed by dealers or franchisees. The restrictions on waivers are often justified on claimed "inequality of power" between the manufacturer or distributor and franchisee. One court recently struck a blow in favor of manufacturers and distributors in upholding a waiver even though part of the statute expressly referenced restrictions on certain waivers.
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In only a few short months, franchisors must choose whether to register a top-level domain (TLD) that corresponds with the franchisor's trademark or company name. Similar to current TLDs .com, .net, and .org, new TLDs like .hilton, .coke, or .merrilllynch will be available. A franchisor's choice must balance potentially significant commercial, advertising, and security opportunities with substantial financial and technological investment.
Features
cyberspace enables anyone willing to spring for a domain name and pay an Internet service provider $15 a month to become a "publisher." And even better for these latter-day Horace Greeleys, they can corral a limitless number of "reporters" without paying one red cent. Small wonder that blogging has become a force of mainstream media. Indeed, blog owners basically need only to grant anonymity to those who post to their Web sites.