LJN Newsletters

  • Checklist for a New Partner; or, the 12 Most Important Things for a New Partner to Do

    The late Supreme Court Justice Harry Blackmun once said: 'A wedding is an event; a marriage is an achievement.' Much the same could be said about the attainment of ownership in your professional practice. Your ascension is an event; partnership is an achievement. And so the analogy goes that a law firm partnership is much like a marriage, and a breakup much like a divorce. Life repeats itself in business. But as newly minted partners settle into their new roles, this article provides guidance (some serious, some lighthearted) to begin what I hope will be a long and satisfying achievement ' a partnership. Congratulations.

    July 31, 2006James D. Cotterman

  • 'Involuntary Dismissal' of the 'Innocent Seller': Continuing Choice of Law Issues in Products Liability MDL Proceedings

    In multidistrict litigation ('MDL') proceedings involving product liability claims, the choice of what law to apply continues to be a thorny issue. For instance, in In re Ephedra Products Liability Litigation, No. 04-1598 (S.D.N.Y) (the 'Ephedra MDL'), Judge Jed S. Rakoff of the Southern District of New York raised the question of whether the Restatement of the Law Third of Torts could be applied as the universal law applicable to all claims in the proceeding. See Case Management Order ('CMO') No. 4 at '11, July 9, 2004. Judge Rakoff later concluded, at the Sept. 10, 2004 Status Conference, that application of such a 'universal law' would be inappropriate. Such choice-of-law issues, however, remain problematic. That is so not only with regard to substantive law, but with regard to procedural law as well.

    July 31, 2006Daniel J. Herling and Thomas A. Lincoln

  • Net News

    Kazaa to Pay $100 Million In Settlement
    Congress Passes Bill Limiting Online Wagering
    Web Wagering Faces Clampdown with Major Arrest
    Music Industry Prepares Lawsuit against Yahoo China

    July 31, 2006ALM Staff | Law Journal Newsletters |

  • Cases of Note

    Eleventh Circuit Sides with Amazon.com in Right of Publicity Suit
    Ninth Circuit Finds No Purposeful Availment to Effect Personal Jurisdiction
    U.S. District Court Denies Cybersquatting Injunction

    July 31, 2006Samuel Fineman, Esq.

  • Yahoo Builds New IP Licensing Model

    When Joseph Siino came on board as Yahoo Inc.'s first Vice President of Intellectual Property, the company needed to keep up with Google and Microsoft in transforming from Internet portal to global digital media company. It needed to use its technology patents to generate and distribute media content from its site.

    July 31, 2006Xenia P. Kobylarz

  • Is Internet Gambling Running Out of Luck?

    Internet gambling is illegal when the activity occurs in a state that outlaws gambling. Today, federal prosecutors rely upon various statutes enacted before the widespread use of the Internet.

    July 31, 2006Marc S. Friedman and Athena Cheng

  • Lawyer-Bloggers: Fact or Fiction?

    These days, it seems like everyone has a blog. You can start one with almost no overhead, and the online publishing possibilities seem endless ' and yet most lawyers still don't blog.

    July 31, 2006Ari Kaplan

  • Web Posts Versus the First Amendment

    The filing of a defamation lawsuit against the owner and operator of an Internet forum is raising questions about First Amendment rights versus the right to privacy.
    Pittsburgh attorney Todd Hollis filed a lawsuit in Pennsylvania state court, alleging his reputation is being harmed by comments posted by purported ex-girlfriends on the Web site dontdatehimgirl.com.

    July 31, 2006Carl Jones

  • Thompson Memorandum on Fees Found Unconstitutional

    Strong words: KPMG refused to pay its employees' legal fees because prosecutors held a 'gun to its head,' and the government thus 'violated the Constitution it is sworn to defend.' This statement from U.S District Judge Lewis A. Kaplan in the KPMG tax shelter case has shaken the foundations of corporate prosecutorial policy. United States v. Stein et al., 2006 WL 1735260, (S.D.N.Y. June 26, 2006).

    July 31, 2006ALM Staff | Law Journal Newsletters |

  • Efficient Training on Specific IP Issues

    An excellent time to provide training to a client organization is when the client asks for guidance on IP strategy. In many cases, a client develops an IP strategy due to the desire to approach a specific business need in a planned and proactive manner. This specific business need can be, for example, a new invention, a new competitor, or a new development with another company.

    July 31, 2006H. Jackson Knight