Bit Parts
Summary Judgment Denied Defendant in Declaratory Action by Producer of To Kill a Mockingbird Broadway Play Seeking Amateur Theatrical Rights
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Predicting the Tides
Pamela R. Kaplan
It is a fact pattern common to asbestos-related lawsuits: A plaintiff recalls generally working around different products that may or may not have contained asbestos, but cannot pinpoint specific time periods or locations where those products were present and could have exposed the plaintiff to asbestos. Typically, the alleged exposure occurred three or more decades ago, with no potential corroborating documents or witnesses surviving to the present date. This scenario places defendants in the untenable position of defending a claim without access to any information on the products, or the alleged exposure, that will either confirm or deny that the identified products were both present in the plaintiff's workplace and actually contained asbestos.
Features
Sexual Harassment in the Legal Profession: It's Time to Make It Stop
Wendi S. Lazar
In 1992, the American Bar Association called upon members of the legal profession to provide leadership and education in eradicating sexual harassment. According to the 1992 ABA report, "[l]awyers play a special role in educating society about sexual harassment and eliminating it from the workplace.
Features
<i>Sales Speak</i>: Overcoming the Great Myth of Public Speaking
Ari Kaplan
While recently preparing for a middle school presentation, my son was struggling with accidental omissions in his delivery. In striving for perfection, his fear of someone in the audience recognizing his error grew. Like many who engage in public speaking, he had convinced himself that the only way to be successful is to be flawless. That is the great myth of public speaking, and one can that easily be overcome by remembering that most people have no idea what you are going to say, so they will never recognize your mistake.
Features
Non-Reliance Disclaimers and Anti-Waiver Provisions
David J. Kaufmann
A number of conflicting decisions over the past year and a half concerning whether provisions prohibiting waiver of duties or liabilities under the New York Franchise Act prohibit franchisors from interposing franchisee "non-reliance" franchise agreement disclaimers when confronting fraud actions brought under the Act makes clear that this critical area of law will remain muddied until the courts decisively rule on the subject.
Features
Leading the Law Department: Hire the Best
Ben W. Heineman, Jr.
For the inside counsel revolution to succeed, the General Counsel must follow a basic dictum: Hire the best. The key to the legal function's credibility with the CEO and senior line executives is to seek broad-gauged lawyers who are outstanding technical experts, wise counselors and effective leaders to occupy the top specialists jobs in the company and to be general counsel in the main operating divisions.
Features
A Perfected Lien Is Trumped: Must It Be 'Use It or Lose It'?
Barbara M. Goodstein
As creditors well know, a lien holder must be vigilant in both perfecting and maintaining the perfection and priority of its lien. But even a creditor that properly maintains its lien may find that enforcement of (or more specifically, failing to enforce) that lien can affect priority.
Equity Crowdfunding
David H. Freeman
&
Jonathan Friedland
There has been a great deal of media attention the past several years about the JOBS Act. It has various components that do various things. The aspect of the JOBS Act that has the potential to touch the largest number of Americans is Title III (Crowdfunding).
Columns & Departments
Bit Parts
Stan Soocher
Deactivated Facebook Page of Band Not a "Use in Commerce"<br>New York Federal Court Declines Request From Elvis Presley Enterprises To Obtain Royalty Documents From Sony Music for Litigation Against Arista Music in Germany
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