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Features

The Law of Unintended e-Consequences Image

The Law of Unintended e-Consequences

Stanley P. Jaskiewicz

Everyone who has ever worked on a tech project, whether in e-commerce or general business, has probably seen situations in which an assumed solution creates a bigger mess than the original problem. It's called <i>the law of unintended consequences.</i> A recent federal appellate ruling shows how this rule can work in the law.

Features

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Movers & Shakers

ALM Staff & Law Journal Newsletters

Who's doing what; who's going where.

Features

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Litigation

ALM Staff & Law Journal Newsletters

Recent rulings of importance to you and your practice.

Features

Current Trends in Long-Arm Jurisdiction Image

Current Trends in Long-Arm Jurisdiction

Paul L. Feinstein

Particularly in these times when many people have had to travel out of state just to become or remain employed, an important but overlooked aspect of matrimonial law practice remains personal jurisdiction.

Features

The Rights to Pre-Embryos Upon Divorce Image

The Rights to Pre-Embryos Upon Divorce

Stephanie F. Lehman

While courts have failed to recognize a property interest in a person's body parts or tissue, they have, through recent litigation, attempted to answer the question whether to classify pre-embryos ' a particular configuration of human cells, which are created during a marriage ' as marital property.

Advertising 2010 Image

Advertising 2010

Jeffrey Morgan

In these times, it's important to remember that advertising is still a vital tool that firms may use to position and express their brand and message. What better time than now to look ahead to what firms should be considering to use to better position themselves for the coming year and the ultimate rebound?

The Best of MLF 2009: What You Missed! Image

The Best of MLF 2009: What You Missed!

Elizabeth Anne

Excerpts from "The Best of MLF 2009," from January through June.

Features

The CPSIA : One (Difficult) Year Later Image

The CPSIA : One (Difficult) Year Later

Jonathan I. Handler, William S. Rogers Jr. & Meredith French

Though its enactment in 2008 was well-intentioned, implementation of the CPSIA has been a logistical nightmare ' largely because this far-reaching law was enacted without providing adequate resources to the CPSC to enforce it or giving sufficient forethought to its implications for the affected businesses.

Features

Practice Tip: The Economic Loss Rule Image

Practice Tip: The Economic Loss Rule

Jason P. Thomas & John L. Tate

A relative youngster in terms of legal doctrines, the Economic Loss Rule has quickly gained widespread acceptance in state and federal courts. First recognized by California in 1965, it has now been endorsed in some form by the U.S. Supreme Court and nearly every state.

Features

Climate Change and Global Warming Image

Climate Change and Global Warming

Christopher P. DePhillips & Justin C. Hallberg

This article examines four avenues for addressing the problems of climate change and global warming: international diplomacy, litigation, regulatory agency action, and legislation. Various aspects of these avenues impact product manufacturers and, in turn, product liability litigation.

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MOST POPULAR STORIES

  • Major Differences In UK, U.S. Copyright Laws
    This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
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  • "Holy Fair Use, Batman": Copyright, Fair Use and the Dark Knight
    The copyright for the original versions of Winnie the Pooh and Mickey Mouse have expired. Now, members of the public can create — and are busy creating — their own works based on these beloved characters. Suppose, though, we want to tell stories using Batman for which the copyright does not expire until 2035. We'll review five hypothetical works inspired by the original Batman comic and analyze them under fair use.
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  • The Stranger to the Deed Rule
    In 1987, a unanimous Court of Appeals reaffirmed the vitality of the "stranger to the deed" rule, which holds that if a grantor executes a deed to a grantee purporting to create an easement in a third party, the easement is invalid. Daniello v. Wagner, decided by the Second Department on November 29th, makes it clear that not all grantors (or their lawyers) have received the Court of Appeals' message, suggesting that the rule needs re-examination.
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  • The Article 8 Opt In
    The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
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