The National Cyber Security Alliance (NCSA), a not-for-profit, public-private partnership focused on driving awareness and promoting education of cyber security, and NCSA member America Online, Inc., the world's leading interactive services company, recently released the results of one of the largest and most comprehensive in-home studies ever conducted on the security of computer users.
The growing importance of the Internet as an advertising and distribution medium has dramatically increased the globalization of trademark problems. That fine cafe you enjoyed in Portofino last summer can now post a Web site to promote its specialty products to customers in Pasadena virtually overnight.
Our legal system, built on precedent, understandably lags behind these economic and technological forces. Nevertheless, the legal response to globalization in recent years has been quietly dramatic. Two recent cases suggest new options for business and intellectual property counsel seeking to enforce and protect their clients' rights.
The Supreme Court of Mississippi ruled that the heirs of the half-sister of blues musician Robert Johnson may proceed with their suit for ownership of the only two photographs of the legendary artist.
Recently filed cases in entertainment law, straight from the steps of the Los Angeles Superior Court.
An important representation issue under the National Labor Relations Act (NLRA) involves scenarios where the scope of a bargaining unit is proposed to include both an employer's regular workers and employees supplied by a separate employer, such as a staffing agency. Just over 4 years ago in M. B. Sturgis, 331 NLRB 1298 (2000), the Board stated that "a growing number of employees who are part of what is commonly described as the 'contingent work force' are being effectively denied representational rights guaranteed them under the National Labor Relations Act." Therefore, the Board majority in Sturgis -- consisting of Chairman Truesdale and Members Fox and Liebman -- overruled prior precedent in Lee Hospital, 300 NLRB 947 (1990) and Greenhoot, Inc., 205 NLRB 250 (1973), and held that a bargaining unit could include both regular and supplied employees without the consent of both the regular employer and the supplier employer.
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National rulings of interest to you and your practice.
In mediation, a trained third-party neutral is selected by the parties (or appointed by a tribunal) to assist the parties in resolving their dispute. Mediators may be members of a panel, are associated with a dispute resolution organization, or have a private mediation practice. Mediators serve pursuant to written mediation agreements that provide for confidentiality of the process, and outline the procedure that will be used in the mediation session. The hallmark of mediation is that the mediator meets with both sides, in joint and separate caucuses, and guides the parties through exchange of information and exploration of interests and positions in a confidential setting with the goal of enabling the parties to reach agreement themselves.
