LJN Newsletters

  • Clients: To Whom Do They Belong?

    The answer is: nobody.
    When a partner leaves a law firm, the parties have to allocate various partnership rights, assets and other interests. They may allocate most of these interests in any way that they choose. They may not, however, allocate clients - perhaps the most valuable of partnership "assets." The client alone decides whether to remain a client of the firm, to leave with the departing partner or to choose another attorney. Law firms and departing partners have an ethical obligation to handle these situations in a way that is consistent with the principle of client choice.

    September 02, 2004Wayne N. Outten and Douglas C. James

  • Developments of Note

    Recent developments in e-commerce law and in the e-commerce industry.

    September 02, 2004Julian S. Millstein, Edward A. Pisacreta and Jeffrey D. Neuburger

  • e-Commerce Docket Sheet

    Recent cases in e-commerce law and in the e-commerce industry.

    September 02, 2004Julian S. Millstein, Edward A. Pisacreta and Jeffrey D. Neuburger

  • You Won't Drink To This

    Buying wine over the Internet is legal, but selling wine on the Net has its problems and, as a result, there are few resounding cheers in the United States regarding e-sales of wine.
    Here's how cork flecks get in the vintage: state authorities ' saying that they're protecting consumers ' exploit state regulations to thwart Internet sales of various goods and services, and wine is no exception.

    September 02, 2004Jonathan Bick

  • Cybersecurity Legal Strategies

    For good reason, cybersecurity has become a vital risk-management concern, and legal-based strategies, procedures and controls are essential parts of today's all-encompassing cybersecurity risk-management programs.
    It seems a given.
    Unfortunately, although many companies have written preparedness and cyberattack-defense plans, many have overlooked crafting the shielding armor of a well constructed legal layer.
    And that's a big mistake waiting to happen ' again and again.

    September 02, 2004J.T. Westermeier

  • Don't Let An Ex-Employee Sabotage Your Case

    With the instability in the corporate world today, employees ' both managerial and not ' are changing jobs or being laid off routinely. The employee who spends his entire career with one company is clearly now the exception, not the rule. Gone too is the concept of "loyalty up ' loyalty down." Corporations today can no longer afford to show their appreciation to long-term employees, as was the case a generation ago. In return, corporate employees do not reciprocate the same loyalty as they did in years past. This article discusses some strategies for dealing with the possibility of a hostile former employee sabotaging your otherwise valid claim or defense.

    September 02, 2004Peter J. McHugh and Susan P. Mahon

  • Cybervillains and How to Find Them: Obtaining the Identity of Anonymous Internet Users

    Many corporate executives and in-house attorneys have complained about acts done "anonymously" over the Internet and the lack of accountability for Internet users. Each has seemingly been harmed by various online conduct, such as defamation, trade libel, trade secret leakage and other acts that occur because of Internet use and abuse. Many Internet users do not realize that an experienced lawyer can actually find their identity, location, and the situs of the damaging action(s).

    September 02, 2004Jason H. Fisher

  • Fulbright & Jaworski Takes Pulse of 300 Corporate Counsel for Survey of U.S. Litigation Trends

    What are the biggest litigation concerns right now in corporate America? What industries face the highest incidence of legal action? How do corporate law departments regard their litigation firms? And by what criteria do general counsel select the firms that litigate on their behalf, and what areas of legal service do they feel need the greatest improvement?

    September 02, 2004ALM Staff | Law Journal Newsletters |

  • Zubulake Standard Applied in U.S. v. Phillip Morris

    When a lawsuit looms, corporate counsel have traditionally known what to do. They issue a litigation hold, telling company employees to maintain all records related to the disputed matter.
    Unfortunately, that's not good enough any more. Attorneys can no longer simply issue instructions and leave it up to company employees to comply.
    Two recent federal court rulings hold companies and their counsel to a higher standard, requiring them to act aggressively and proactively in order to preserve company records. Otherwise, a company that destroys discoverable records can face harsh sanctions for spoliation.

    September 02, 2004Whitney Adams