Given the continued proliferation of law-related Weblogs, including blogs written by law professors and attorneys with expertise in various substantive areas of the law, one frequently finds on the Internet a robust and insightful discussion of cases pending before the courts for resolution. What should judges do if, while visiting the legal blogosphere, they encounter discussions about how pending cases ought to be decided?
There may be gold in them California hills. But there's a price to be paid when panning for it. It has become clear that leasing companies need to exercise particular vigilance when operating in the Golden State.
A recent Harvard law graduate, first-time author and cause c'l'bre Jeremy Blachman is riding high, but not, as one might expect, as a highly sought U.S. Supreme Court clerk or caffeine-addled associate at a premiere New York law firm. Blachman eschewed the law in favor of a purely creative pursuit: writing an anonymous blog (eponymously known as the 'Anonymous Lawyer' at www.anonymouslawyer.blogspot.com) detailing the fictionalized travails of a narcissistic partner in a big firm who makes The Devil Wears Prada boss Miranda Priestly look like Mr. Bean. Following a feature article in The New York Times, Blachman's notoriety skyrocketed. Apropos of his blogging cynosure, Blachman participated in the following colloquy with IL&S Editor-in-Chief, Sam Fineman, strictly through e-mail so as not to curtail billable possibilities. Blachman reflects on his book, his life and blogdom.
The sale of individual equipment leases from one equipment lessor to another, or entire portfolios of equipment leases, is common practice in the United States. One component that parties interested in purchasing equipment leases or portfolios of equipment leases desire in the equipment lease contract is a choice of forum clause that provides the flexibility for the purchasing party to initiate litigation in its own home state. However, the enforceability of forum selection clauses providing for one or more appropriate forums has been the question of some debate both in the federal and state courts. Recently, the Seventh Circuit Court of Appeals issued an opinion coming down squarely in favor of the enforceability of such forum selection clauses.
Malpractice Claims and Estoppel.
By Stan SoocherEstate Planning/Undue Influence ClaimTV-Series Sequels/Forum NonConveniensUpcoming Events
Highlights of the latest intellectual property news from around the country.
Recently filed cases in entertainment law, straight from the steps of the Los Angeles Superior Court.
When a lower-level employee uses a former employer's trade secrets after taking a new job, the plaintiff often sues the new employer itself and demands exemplary damages under the Uniform Trade Secrets Act ('UTSA') — even if the new employer was unaware of, and disapproves of, the employee's conduct. Taking a page from the law of employment discrimination, we believe that companies that provide intellectual property training for their workforce can use the fact of such training during litigation to avoid exemplary damages for the solitary wrongdoing of non-executive-level employees and perhaps avoid vicarious liability altogether. Companies, especially technology startups, can reduce trade secret litigation and liability risks by implementing such programs — programs which today are very rare, even in Silicon Valley.
Default JudgmentPreponderance of EvidenceStatutory DamagesSufficiency of Pleading
