Features
Inadvertent Disclosures: CA Supreme Court Establishes Duties of Attorneys, But Issues Remain
In <i>Rico v. Mitsubishi Motors Corp.</i>, the California Supreme Court adopted the 'fair and reasonable approach' originally formulated by the Second District Court of Appeal in <i>State Compensation Ins. Fund v. WPS, Inc.</i>, and set forth the duties of attorneys upon receiving inadvertent disclosures.
Practice Tip: The Physician Labeling Rule
Arguments over interpretation of the Physician Labeling Rule language may well be making an appearance in future product liability cases.
Features
'No-Injury' Consumer Class Actions: A Growing Practice By Plaintiffs and a Potential Response By Defendants
Plaintiffs' counsel recently have been changing their tactics in product liability class action litigation. In place of filing traditional injury class actions, they instead have been filing more and more economic 'no-injury' class actions, in which the proposed class members seek to recover not for personal injury, but for their alleged economic losses in purchasing a product that is worth 'less' than they paid for it because of some alleged defect.
The Leasing Hotline
Highlights of the latest commercial leasing cases from around the country.
Features
Movers & Shakers
Hogan & Hartson Advises MySpace in Landmark Music Venture<br>Greenberg Traurig Associate Gets Green Building Council OK<br>IP, Media & Tech Dept. Adds to New York Practice<br>Retired Gibson Partner Receives Alger Award<br>Gibson, Dunn & Crutcher Gets Community Award
e-Commerce Docket Sheet
Monitoring e-Mail To Bankrupt Entity Is OK under e-Privacy Laws<br>'Knowing' or 'Willful' TCPA Violation Does Not Require Showing Knowledge<br>Group Lacks Standing For Unsolicited Faxes Claims under TCPA<br>Clickwrap Forum Clause Enforceable, Even in Adhesion Contract<br>Arbitration Clause with Class Action Waiver Not Unconscionable in PA<br>Class Arbitration Waiver in e-Sales Contract OK under NJ, TX Law<br>Conversion Tort Doesn't Apply To e-Records, Data in MA<br>MN Long Arm Cannot Touch Software Licensee on Technical Support
How to Prepare for a Live Presentation
Whether they're giving a speech at a conference, pitching a client or making an internal presentation at a firm or corporate retreat, time and again lawyers are waiting until the last minute to prepare. Appearing live is all about impact and impression. It's about being memorable in an impressive way. If you are taking the time to appear live and in person anywhere ' and your audience is, too ' then why wouldn't you prepare for the event fully honoring the idea that live communication is all about connection and energy?
Features
Download Ruling May Raise Burden For Record Labels
Those who download music to their computers now have two unlikely heroes: Janet Bond Arterton, a federal judge who sits in New Haven, CT; and Christopher David Brennan, a young Waterford, CT, resident who has reportedly downloaded songs by Billy Joel, Hootie and the Blowfish and other artists. Brennan is one of about 30,000 people sued by the music industry in recent years for allegedly taking music from the Internet without paying for it.
SEC Improves e-Capital Raising
The Internet provides private companies with a cost-effective way to introduce themselves to many potential investors. It also facilitates efficient capital fundraising opportunities. That stated, the SEC revision of Rule 144 makes raising capital on the Internet easier, and cheaper. The SEC changed Rule 144 to reduce regulation of restricted securities, which, in turn, facilitates Internet capital-raising.
German Federal Constitutional Court Rules on 'Online Search' of Computers
Recently, the highest German Court, the Federal Constitutional Court confirmed a new human right regarding a person's 'confidentiality of data and integrity of IT systems.' The judgment is a landmark decision that will have impact on further legislative activity as well as IT jurisdiction in various areas. The new right is being derived from the 'general personal right,' one of the fundamental human rights of the German constitution.
Need Help?
- Prefer an IP authenticated environment? Request a transition or call 800-756-8993.
- Need other assistance? email Customer Service or call 1-877-256-2472.
MOST POPULAR STORIES
- Coverage Issues Stemming from Dry Cleaner Contamination SuitsIn recent years, there has been a growing number of dry cleaners claiming to be "organic," "green," or "eco-friendly." While that may be true with respect to some, many dry cleaners continue to use a cleaning method involving the use of a solvent called perchloroethylene, commonly known as perc. And, there seems to be an increasing number of lawsuits stemming from environmental problems associated with historic dry cleaning operations utilizing this chemical.Read More ›
- Bankruptcy Sales: Finding a Diamond In the RoughThere is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.Read More ›
- 'Insurable Interest' and the Scope of First-Party CoverageThis article reviews the fundamental underpinnings of the concept of insurable interest, and certain recent cases that have grappled with the scope of insurable interest and have articulated a more meaningful application of the concept to claims under first-party property policies.Read More ›
- The Flight to Quality and Workplace ExperienceThat the pace of change is "accelerating" is surely an understatement. What seemed almost a near certainty a year ago — that law firms would fully and permanently embrace work-from-home — is experiencing a seeming reversal. While many firms have, in fact, embraced hybrid operations, the meaning of hybrid has evolved from "office optional," to an average required 2 days a week, to now many firms coming out with four-day work week mandates — this time, with teeth.Read More ›
- AI or Not To AI: Observations from Legalweek NY 2023This year at Legalweek, there was little doubt on what the annual takeaway topic would be. As much as I tried to avoid it for fear of beating the proverbial dead horse, it was impossible not to talk about generative AI, ChatGPT, and all that goes with it. Some fascinating discussions were had and many aspects of AI were uncovered.Read More ›