It began a little over four years ago, in late September 2003, with a simple but urgent telephone call from pioneering ephedra plaintiffs' attorney Anne Andrews (of Orange County, CA-based Andrews & Thornton) to one of the authors. The caller asked about the impact of the then-recently filed bankruptcy of TwinLab, an ephedra weight-loss product manufacturer and a significant player in the food and vitamin supplement industry, on that company's products liability insurance policies. Four major ephedra manufacturer bankruptcies later, the situation ended on Sept. 25, 2007, when the United States Bankruptcy Court for the Southern District of California entered an order in the ephedra-related Chapter 11 bankruptcy case of Metabolife International ...
- December 21, 2007David J. Molton and Steven B. Smith
The federal Sentencing Guidelines can lead to 'patently absurd' punishments in white-collar cases. United States v. Adelson, 441 F. Supp. 2d 506, 515 (S.D.N.Y. 2006) (Rakoff, J.). But judicial discretion in sentencing, strongly reaffirmed by the Supreme Court in Kimbrough v. United States, No. 06-6330 (Dec. 10, 2007), and Gall v. United States, No. 06-7949 (Dec. 10, 2007), has opened an important avenue for advocacy in business crime cases.
December 21, 2007Joseph F. Savage Jr. and Paras N. ShahCopyright/Joint-Authorship Test
DMCA Safe-Harbor Bid/Declaratory Suit
File-Sharing Suit/Anti-Trust CounterclaimsDecember 21, 2007Stan SoocherThe U.S. District Court for the Southern District of New York awarded attorney fees and costs under Sec. 505 of the Copyright Act to movie-studio and film-distribution defendants against a pro se plaintiff.
December 21, 2007ALM Staff | Law Journal Newsletters |Attorney as Trustee
Attorney DisqualificationDecember 21, 2007ALM Staff | Law Journal Newsletters |The articles that the Legal Sales and Service Organization (LSSO) has published in a regular column for MLF the past year have focused on a variety of specific topics, like planning, alignment, and how to lead successful initiatives. But they all have one important thing in common. It is the need for law firms to really listen to their clients in order to elevate their service.
December 21, 2007ALM Staff | Law Journal Newsletters |By the time all of you will be reading this, we will be in a new year and a new year brings new projects and new challenges, all of which are exciting and fulfilling. Here's what we have planned for this promising new year...
December 21, 2007ALM Staff | Law Journal Newsletters |Down economy. Incipient recession. Sub-prime credit crunch. Those are excuses that smart marketers don't use. They're catch-phrases that aggressive business developers never rely on. They're facts of life that do not impinge on the agendas of street-smart lawyers.
December 21, 2007Allan ColmanIn 2007, we learned a lot from myriad authors and our fabulous regular columnists. As with past practice, I am going to give our readership the pleasure of having the opportunity to enjoy reading one article from each of the past 12 months. In this issue we will feature January up to and including July. The February issue will continue highlighting one article from each of the August to December issues.
December 21, 2007Elizabeth Anne 'Betiayn' TursiA recent ruling of importance to you and your practice.
December 21, 2007ALM Staff | Law Journal Newsletters |