LJN Newsletters

  • Waiver of Attorney-Client Privilege and Work-Product Protection: Proposed New Federal Rule of Evidence Is under Consideration

    At its Sept. 18, 2007 meeting, the Judicial Conference of the United States approved a proposed new Federal Rule of Evidence regarding waiver of attorney-client privilege and work-product protection. Because Rule 502 is a rule dealing with privilege and because the Rule would govern state courts regarding certain issues, the Rule must be enacted directly by Congress. Accordingly, at press time, the Judicial Conference will now submit the Rule to Congress, which will vote 'yay or nay' by no later than December 2007. If Congress approves the new Rule 502, the Judicial Conference will transmit the Rule to the U.S. Supreme Court by Dec. 18, 2007, keeping it on the path to be enacted on Dec. 1, 2008.

    November 30, 2007Beth L. Kaufman and David Black

  • Movers & Shakers

    News about lawyers and law firms in the commercial leasing industry.

    November 30, 2007ALM Staff | Law Journal Newsletters |

  • FIN 48: Accounting for Uncertain Income Tax Positions

    This article provides a brief overview of the two-step, benefit-recognition approach implemented by FIN 48, a summary of the disclosures required by FIN 48, and a discussion of issues associated with protecting FIN 48 compliance documentation from disclosure to taxing authorities.

    November 29, 2007Peter H. Gruen and Lindsay M. LaCava

  • Update on Lawyer Retirement Perspectives

    In the newly released Altman Weil Flash Survey on Lawyer Retirement, only 38% of lawyers agreed with the enforcement of mandatory retirement provisions in law firms. However, 50% of respondents reported that their firms currently have mandatory retirement policies. These findings may encourage more discussion and possibly policy changes in U.S. law firms.

    November 29, 2007James D. Cotterman

  • IP News

    Highlights of the latest intellectual property news from around the country.

    November 29, 2007ALM Staff | Law Journal Newsletters |

  • Survey Power

    Courts and lawyers should pay particular attention to survey findings such as there is 'no likelihood of confusion,' 'there is no likelihood of dilution,' and ensure that the power of the test is high to rely on such conclusions. Anytime a commissioned survey indicates 'no effect,' in addition to issues such as question clarity, randomness of the sample, and other methodological issues, there is the additional critical issue of statistical power.

    November 29, 2007Alex Simonson

  • Version 3 of the GNU General Public License: Major Changes for Open Source Software Licensing

    This article discusses the main changes to new version of the GNU General Public License, GPLv3. The new version is the result of extensive public comment and heated debate, and could have far-reaching effects on the use of open source software. GPLv3 is the successor to GPL version 2 (GPLv2), first published in 1991, used extensively today, and among the most popular open source licenses available.

    November 29, 2007William I. Schwartz, Paul E. Jahn and Aaron P. Rubin

  • Challenges to Stem Cell Patents in Europe and the U.S.

    New methods of stem cell research, such as the recent conversion of skin cells into stem cells, may escape ethical barriers that currently exist in European patent law. In addition to their potential ability to sidestep the ethical barriers to patenting stem cells, these new research approaches can open new scope for researchers to perform stem cell research in the United States.

    November 29, 2007A. Antony Pfeffer and John Murray

  • Finding and Working with Consultants

    This article provides pointers as to how to hire the best consultant for your firm's job and how to ensure the work product you desire.

    November 29, 2007Sharon Meit Abrahams