Case Briefs
Highlights of the latest insurance cases from around the country.
Insuring Against Disaster: Coverage for Product Recalls
In recent months, it has seemed that barely a week has gone by without the announcement of a major product recall, whether it be of pet food (tainted with a wheat gluten additive), toothpaste (containing poisonous diethylene glycol, a solvent used in antifreeze that imparts a sweet taste), millions of children's toys (the subject of four major recalls, several of which involved lead paint), almost half a million light truck tires (lacking a safety feature that guards against tread separation), or 3.6 million Ford cars, trucks, and SUVs (containing a cruise control switch linked to vehicle fires). Recalls have become so common of late that satirical magazine <i>The Onion</i> 'reported' in late July that shares of Constitution Solutions, LLC ('COSO') 'fell sharply Tuesday after several Eastern bloc constitutions written by COSO were recalled due to loopholes that allowed Vladimir Putin to re-form the Soviet Union.' Stockwatch, <i>The Onion,</i> July 26-Aug. 1, 2007, at 2.
Features
How to Improve an Internet Search Result by Adding a Little Precision
The Internet is a powerful tool for research, containing information about law, business, government, science, medicine and many other things. There is a Web site for just about anything anyone would want to know. Unfortunately, with the proliferation of Web sites today, any search may return hundreds of results, many of which are not relevant, and many of which are not reliable. This article will discuss some advanced search techniques in Google that can improve the relevance of search results. It will also examine ways to determine the reliability of a Web site.
Internet Not Always Interstate
It may be called the World Wide Web, but the government cannot automatically equate Internet use with movement of photos of child pornography across state lines, the Tenth U.S. Circuit Court of Appeals has held.
Features
Internet Gambling Law Challenged
A federal law that targets online gambling by making it illegal to make or receive payoffs violates the First Amendment, a federal suit charges. A not-for-profit association of Internet gamers and gaming companies is asking a federal judge in Trenton, NJ to block enforcement of the Unlawful Internet Gambling Enforcement Act ('UIGEA') and to issue a temporary restraining order.
Features
Google In-House Lawyers Find Unusual Perks, Groundbreaking Work
Judging by its unofficial jeans and t-shirt uniform, colorful logo and offices packed with games and pets, you could be fooled into thinking that the world's biggest Internet company still sees itself as an extension of a college common room. But under the seemingly casual exterior lies a very serious company indeed. And Google's legal team is no exception to the rule.
Webcaster Royalty Rates Rising
Licensing requirements and royalty rates for online uses of music are undergoing sweeping changes ' spurring litigation, appeals and even legislation in Congress. As a result, Webcasters are scrambling to re-evaluate and redirect their business models, as they may soon be forced to pay for huge increases in royalties to recording artists.
Bit Parts
Film-Script Submissions/Implied-in-Fact Contracts<br>Record-Label Trademarks/Laches<br>Uruguay Round Agreements Act/First Amendment
Features
Counsel Concerns
The U.S. District Court for the Southern District of New York granted partial sanctions against plaintiffs' counsel in a copyright-infringement suit.
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- Major Differences In UK, U.S. Copyright LawsThis article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.Read More ›
- "Holy Fair Use, Batman": Copyright, Fair Use and the Dark KnightThe copyright for the original versions of Winnie the Pooh and Mickey Mouse have expired. Now, members of the public can create — and are busy creating — their own works based on these beloved characters. Suppose, though, we want to tell stories using Batman for which the copyright does not expire until 2035. We'll review five hypothetical works inspired by the original Batman comic and analyze them under fair use.Read More ›
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- Removing Restrictive Covenants In New YorkIn Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?Read More ›