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.
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MOST POPULAR STORIES
- Protecting Innovation in the Cyber World from Patent TrollsWith trillions of dollars to keep watch over, the last thing we need is the distraction of costly litigation brought on by patent assertion entities (PAEs or "patent trolls"), companies that don't make any products but instead seek royalties by asserting their patents against those who do make products.Read More ›
- Meet the Lawyer Working on Inclusion Rider LanguageAt the Oscars in March, Best Actress winner Frances McDormand made “inclusion rider” go viral. But Kalpana Kotagal, a partner at Cohen Milstein Sellers & Toll had already worked for months to write the language for such provisions. Kotagal was developing legal language for contract provisions that Hollywood's elite could use to require studios and other partners to employ diverse workers on set.Read More ›
- From the PTO to the FDA: What to Consider When Branding Clinical TrialsThe legal implications of branding generally arise initially for companies during the process of selecting a company name and any initial product or service names. For drug development companies, however, careful consideration should also be paid to the implications of branding a clinical trial.Read More ›
- 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 ›