Features
Protection from Unwanted Flattery
For the last several sessions, Congress has considered the Design Piracy Prohibition Act, which would expand copyright protection to include the cut and look of fashion designs. This proposed legislation could make many imitative designs illegal and add to the current, although somewhat limited, protections for fashion available under existing U.S. trademark, patent, and copyright laws. This article discusses these currently available protections, provides suggestions for designers for utilizing them, and examines changes to the Copyright Act proposed by the Design Piracy Prohibition Act.
Features
Negotiating Confidentiality Agreements with the Government
In years past, a corporation could assume that, when it produced documents in response to a Department of Justice (DOJ) subpoena, there were limited risks that such documents would be disclosed to an entity outside of the investigation unless the government used them as exhibits in court proceedings. Two factors in recent years have changed that set of expectations and significantly raised the likelihood that documents produced to the government could end up in the hands of plaintiffs' lawyers, competitors, the news media, and others.
Obtaining Testimony and Evidence from Overseas Witnesses
The defense of white-collar crime increasingly involves the need to obtain evidence from witnesses located abroad. Without careful planning, exculpatory evidence may remain out of the reach of a defendant for whom such evidence is the only thing standing between him and a prison sentence.
Features
Survey of Recent Developments in Criminal Antitrust Law
There have been numerous developments in U.S. criminal antitrust law over the last half-decade ' in legislation, judicial opinions, and the publicly stated enforcement policy of the Antitrust Division of the Department of Justice (DOJ). While none have been watershed events individually, in the aggregate they fundamentally impact representation of companies or individuals under investigation for antitrust violations. This article outlines the cumulative effect of these developments and indicates how representation of companies under antitrust investigation has changed over this period.
How Much Control?
There appears to be an increasing trend in municipalities in the United States to regulate aesthetics and use through the development of 'chronic nuisance' statutes that permit property closure, and regulation of vacant properties.
Negotiating to Make Rain
Research suggests that women are excellent at negotiating for others. They are not as good at negotiating for themselves. Similarly, women lawyers tend to lag behind men in developing business. Indeed, many abhor the prospect of making rain almost as much as the prospect of advocating for themselves. Yet the reality is that women who wish to make partner must also make rain.
Features
Attorney Telecommuting
Telecommuting is all the rage in many sectors of our economy. With increasing regularity, lawyers and their firms alike are participating in this trend. Modern technology is a wonderful thing, and telecommuting permits firms (law and other types) to spread their tentacles into far-off uncharted waters. For attorneys and law firms, is telecommuting a bridge over troubled waters, or a long walk on a short pier? That is the question I address in this article.
Decisions of Interest
Recent rulings of importance to you and your practice.
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