What Is Left of <i>Caveat Emptor</i>?
December 28, 2011
New York courts continue to hold that <i>caveat emptor</i> ' let the buyer beware ' represents the general rule applicable to real property transactions. Two recent appellate cases, however, illustrate continuing uncertainty about the remaining scope of the <i>caveat emptor</i> doctrine, while Real Property Law sections 462 and 465 limit the doctrine's significance in many residential transactions.
How Employing e-Discovery Counsel Can Pay Dividends
December 27, 2011
e-Discovery issues are becoming increasingly more complex while associated review costs keep rising dramatically ' often threatening to overshadow the substantive issues of the litigation or investigation at hand. Because of this, more and more corporations are turning to a two-tiered model when it comes to new matters: one law firm (or separate group within the law firm) that will focus on preservation, collection and review; and a separate team of lawyers that will focus on the actual merits of the case.
How e-Discovery Applications Are Changing the Face of Litigation Support
December 27, 2011
Bringing e-discovery software in-house can significantly reduce costs and improve efficiency. However, there are many needs related to e-discovery that go beyond simply managing discovery documents. At Thompson & Knight (TK), our litigation support team has found ways to use our e-discovery software for tasks ranging from project management to data analysis.
Google and the Social Media Law Firm
December 27, 2011
In our profession, most law firms focus on social media access, the Internet, intranets and shared client portals separately: Knowledge-focused firms will look at organizational and behavioral change as separate drivers from technology, and will treat the likes of Lean Six Sigma management principles, legal project management and alternative fee arrangements (AFAs) as standalone projects. If, however, the legal industry moves the way of consumer-driven market forces ' the merger of social media, Internet, intranet and shared client portals into a single seamless platform ' then the "Facebook firm" driving organizational and behavioral change for legal evolves and becomes a realistic business model
Re-registration of Current Domain Name By New Owner Not ACPA 'Registration'
December 27, 2011
The Ninth Circuit has now concluded that the ACPA does not apply to a domain name that is first registered prior to the time the trademark at issue becomes distinctive, even if the domain name is later re-registered by a new owner. However, the Ninth Circuit also held that the ACPA can apply to new domain names registered by the new owner after the mark acquires distinctiveness.
Are International Cybercrime Laws a Hopeless Fantasy?
December 27, 2011
The aspect of the Internet euphemistically described as "the cloud" has created a seemingly bountiful opportunity for the unscrupulous to acquire the means to attack innocent and vulnerable victims remotely and anonymously. And unlike the fictional portrayal of the apocalyptical children's tale of Chicken Little and his "The sky is falling!" warning, the current digital version is hardly a flight of fantasy.
SOPA Update
December 27, 2011
On Dec. 15 and 16, just as Congress was preparing to go dark until after the New Year, The U.S. House of Representatives Committee on the Judiciary held hearings on SOPA. And what seemed destined to be a long drawn-out fight by a few in attendance who were in opposition of passing the Bill against Committee Chairman and sponsor Lamar Smith (R-TX) and its many supporters, took a bizarre and sudden turn as Day 2 restarted after lunch ' and maybe more importantly, as Representatives' flights home for recess were in danger of being missed.
