2011 Litigation Trends Survey
Results of the 2011 Fulbright & Jaworski Litigation Trends Survey of senior corporate counsel.
Features
<B><I>BREAKING NEWS:</b></i> <b>Facebook Settles with FTC over Privacy Violations</b>
Facebook has settled Federal Trade Commission charges that it deceived its users and failed to keep their information private, agreeing on Tuesday to establish a comprehensive privacy program that includes independent audits for the next 20 years.
Features
Coverage Issues Stemming from Med Pay Claims Under Commercial Premises Liability Policies
This article sets out the typical med pay policy language, summarizes certain coverage issues that have arisen in recent years with respect to med pay claims, and discusses two cases addressing whether an insurer can be liable in bad faith to an injured person for failing to provide med pay benefits.
IP News
Highlights of the latest intellectual property news from around the country.
Features
Work-for-Hire Dispute Over Comic Books a Reminder of Drafting Considerations
Decisions such as the recent opinion by the U.S. District Court for the Southern District of New York in <i>Marvel Worldwide v. Kirby</i> highlight the importance of carefully drafting provisions governing the transfer of rights in new works of authorship.
Re-registration of Current Domain Name By New Owner Not ACPA 'Registration'
The Ninth Circuit has now concluded that the Anticybersquatting Consumer Protection Act does not apply to a domain name that is first registered prior to the time the trademark at issue becomes distinctive, even if the domain name is later re-registered by a new owner. However, the Ninth Circuit also held that the ACPA can apply to new domain names registered by the new owner after the mark acquires distinctiveness.
Features
Using Consumer Surveys to Prove Patent Infringement Damages at Trial
Though long used in trademark, false advertising, and antitrust cases, the use of consumer surveys in patent cases is a relatively recent phenomenon. Counsel responsible for managing patent litigation should understand the potential role that survey evidence can play at trial.
How The Williams Companies Uses Matter Management to Work More Efficiently
In 2001, Williams found itself in the midst of a painful downturn that ultimately changed the composition of the company's assets and its direction. As such, our legal department was given a corporate mandate to increase our internal services while dramatically reducing our budget, headcount and spending on outside legal services.
Has Your Firm's Security Had A Physical?
As physical security systems become more IT-centric, they are more often being identified as an application on the network and not as a disparate system. Security guards have been replaced by intelligent IP-based enterprise security systems that ideally are tied into the existing IT infrastructure and normally segmented via a VPN.
Using Helpdesk Statistics to Improve Law Firm User Support
Measuring service levels, ticket volumes, conversion staffing levels, and user satisfaction are all important aspects of running a successful helpdesk, but only of true value if compared to other metrics, and more importantly, acted upon.
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MOST POPULAR STORIES
- Use of Deferred Prosecution Agreements In White Collar InvestigationsThis article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.Read More ›
- The DOJ's New Parameters for Evaluating Corporate Compliance ProgramsThe parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.Read More ›
- The DOJ's Corporate Enforcement Policy: One Year LaterThe DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.Read More ›
- Don't Sleep On Prohibitions on the Assignability of LeasesAttorneys advising commercial tenants on commercial lease documents should not sleep on prohibitions or other limitations on their client's rights to assign or transfer their interests in the leasehold estate. Assignment and transfer provisions are just as important as the base rent or any default clauses, especially in the era where tenants are searching for increased flexibility to maneuver in the hybrid working environment where the future of in-person use of real estate remains unclear.Read More ›
- Developments in Distressed LendingRecently, in two separate cases, secured lenders have received, as part of their adequate protection package, the right to obtain principal paydowns during a bankruptcy case.Read More ›
