Columns & Departments
Case Notes
Discussion of a case involving a teen's suicide.
Columns & Departments
Med Mal News
A look at med mal-related legislation in New York and California.
Features
Captive Insurance Arrangements
Companies that use captive insurance companies to manage risk are increasingly being victimized by excess insurance companies and reinsurers that participate in their insurance programs. But captives and their owners can proactively avoid some of these common pitfalls.
Features
Sales Speak:Stop 'Selling Stuff '
Given that lawyers are not sales professionals and only spend a small amount of their time focused on business development, and given that they already have a full-time job, it's important to keep the business development approach as simple as possible. Some ideas related to keeping it simple follow:
Features
'Triggering Event Test'
In the preference avoidance context, the insolvency of the debtor is an element of the <I> prima facie</I> case that is not commonly litigated. When it is litigated, however, the scope of a debtor's liabilities can make or break the case.
Legal Presumptions of Consumer Confusion and Injury in Lanham Act Cases
The United States Court of Appeals for the Second Circuit "clarified certain aspects of [its] false advertising jurisprudence" and held that, where literal falsity and deliberate deception have been proved in a market with only two players, it is appropriate to use legal presumptions of consumer confusion and injury for the purposes of finding liability in a false advertising case brought under the Lanham Act. <i>Merck Eprova AG v. Gnosis S.p.A.</i>
Features
The EU 'Right to Be Forgotten' Judgment
When the European Union's highest court, the European Court of Justice, handed down a controversial landmark ruling in a matter commonly referred to as the "right to be forgotten" case, it sent ripples that impact online privacy in the United States.
Media & Communications: How to Get a Return on Your PR Investment
If you ask 10 attorneys what the goals of their PR efforts are, you would get 10 different answers. Here's how to coordinate and implement a workable program to the advantage of your firm.
Features
Sirius XM's Losses In Suits on Pre-'72 Sound Recordings
For the third time in as many months, Sirius XM lost a court ruling over the issue of pre-1972 sound recordings. In a decision that further upsets the status quo for the music and copyright worlds, a federal judge in New York ruled that the owners of pre-1972 sound recordings have performance rights to their records, and that Sirius XM therefore infringed copyrights.
Need Help?
- Prefer an IP authenticated environment? Request a transition or call 800-756-8993.
- Need other assistance? email Customer Service or call 1-877-256-2472.
MOST POPULAR STORIES
- Meet the Lawyer Working on Inclusion Rider LanguageAt the Oscars in March, Best Actress winner Frances McDormand made “inclusion rider” go viral. But Kalpana Kotagal, a partner at Cohen Milstein Sellers & Toll had already worked for months to write the language for such provisions. Kotagal was developing legal language for contract provisions that Hollywood's elite could use to require studios and other partners to employ diverse workers on set.Read More ›
- Protecting Innovation in the Cyber World from Patent TrollsWith trillions of dollars to keep watch over, the last thing we need is the distraction of costly litigation brought on by patent assertion entities (PAEs or "patent trolls"), companies that don't make any products but instead seek royalties by asserting their patents against those who do make products.Read More ›
- From the PTO to the FDA: What to Consider When Branding Clinical TrialsThe legal implications of branding generally arise initially for companies during the process of selecting a company name and any initial product or service names. For drug development companies, however, careful consideration should also be paid to the implications of branding a clinical trial.Read More ›
- Disconnect Between In-House and Outside Counsel'Disconnect Between In-House and Outside Counsel is a continuation of the discussion of client expectations and the disconnect that often occurs. And although the outside attorneys should be pursuing how inside-counsel actually think, inside counsel should make an effort to impart this information without waiting to be asked.Read More ›