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
- 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 ›
- Lack of Logo Placement At Center of Ruling Over Meat Loaf Album PackagingTo build visibility for its brand, a record label or production company will want its logo included on products containing its master recordings manufactured and distributed by third parties. This will be addressed in the agreement between the label or production company and manufacturer/distributor. The failure to include the logo may raise a host of issues, from the breadth of the logo-placement obligation ' such as whether it includes Internet downloads ' to the proper theory on which to base any damages and just which album-sales figures are subject to evidentiary discovery. A recent ruling by the U.S. Court of Appeals for the Sixth Circuit ' in a long-running dispute between Cleveland International Records and Sony Music Entertainment ' illustrated how these issues may be argued and decided.Read More ›
- Law Firms and the Rise of HospitalityThe law firm office cannot remain unchanged, as if frozen in time set to some date prior to the onset of pandemic, when the terms and meaning have all changed. In fact, the office must now provide benefits or an experience the lawyers and staff cannot get at home.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 ›