Features
e-Commerce Activity Makes Gains, Though Still Down Since Economy Crunch
Rock-solid numbers on economic activity are tough to come by, but if the U.S. Census Bureau's preliminary estimates of retail e-commerce sales can be considered the closest thing to rock-solid numbers, then the nation's economy may be starting the long recovery economists said would come.
Social Media Policies
Being engaged in social networks has enormous value for your firm. Achieving those benefits, however, requires participation by members of your firm. Best practices can be applied firm-wide that help achieve your business goals and protect the firm. For starters, that means understanding the legal ramifications of online engagement and the fuzzier, but no less important, implications of the use of the virtual microphone or TV station to enhance your firm's reputation. The first thing you must do is create a social media policy ' or modify an existing policy that is free and available for you to borrow.
Features
Emerging Issues in D&O Liability Insurance
Due to recent statutes and case law increasing directors' and officers' duties and exposure to potential liability, demand for D&O insurance has increased rapidly in recent years. This increase in demand has led to a significant rise in coverage litigation to define and interpret the language of existing policies. This article discusses a few emerging issues that can arise under D&O policies, and how they can impact policyholders.
Ruling Against Contextual Ads Helps to Codify Trademark Use in Commerce
While contextual advertising is well accepted in bricks-and-mortar businesses and in traditional publications, it is controversial on the Internet. Courts have not worked out whether (and if so, how) an advertiser may use a competitor's trademark to trigger banner ads or sponsored links displayed along with search results.
Did the Supreme Court Finally Rein in Punitive Damages?
Insurers should encourage policyholders to hold firm against the plaintiff's bar's threats of excessive punitive damages jury verdicts by pointing to the <i>Exxon Shipping Co. et al. v. Baker</i> decision and the recent trend of decreased outlier jury verdicts.
Features
'Hold the Arbitration Clause, Hold the Attorney Fees!'
Most contracts are the result of a give-and-take negotiation, as each side tries to have it its own way. Bricks-and-mortar businesses, for example, will often try to negotiate virtually every clause of every contract, or at least those worth the cost of the negotiation. the only persons who don't get to negotiate each clause, generally, are consumers and small-business customers ' and e-commerce buyers.
Burns & Levinson Find Ease and Efficiency with Esquire Innovations
As part of the network upgrade, it was very clear that we needed a macro/template package to assist us in both creating a consistent branding and in creating stable, functional documents.
Features
Social Networking And Legal OnRamp
True to all the hype, social networking tools are posed to be the next stage in the evolution of effective client communication. You've been under a rock if you haven't been confronted by the buzz about MySpace, Facebook, Twitter or LinkedIn. These are the most popular online social networking communities, but none of them are specifically targeted to the legal profession (unless your clients enjoy gaudy, blinking Web pages or virtual flowerpots).
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- Major Differences In UK, U.S. Copyright LawsThis 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.Read More ›
- The Article 8 Opt InThe 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.Read More ›
- Warehouse Liability: Know Before You Stow!As consumers continue to shift purchasing and consumption habits in the aftermath of the pandemic, manufacturers are increasingly reliant on third-party logistics and warehousing to ensure their products timely reach the market.Read More ›
- The Anti-Assignment Override ProvisionsUCC Sections 9406(d) and 9408(a) are one of the most powerful, yet least understood, sections of the Uniform Commercial Code. On their face, they appear to override anti-assignment provisions in agreements that would limit the grant of a security interest. But do these sections really work?Read More ›
- The Stranger to the Deed RuleIn 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.Read More ›