Expert Testimony and the Changes to FRCP Rule 26
New federal rules will bring good sense to discovery with respect to expert witnesses. They also serve to emphasize the need to properly organize and preserve Electronically Stored Information using e-discovery experts before and during litigation or arbitration.
League Impact on the Sports Team Bankruptcy Process
As more beleaguered team owners seek refuge in bankruptcy proceedings, the resulting clash of league interests with fundamental principles of bankruptcy law will result in the development of novel legal and practical solutions for financially distressed sports franchises.
Mandatory Arbitration of GM and Chrysler Dealer Terminations
In 2009, Chrysler and General Motors declared bankruptcy and terminated almost 2,000 of their dealers as part of overall restructuring. The dealers turned to Congress for relief. Congress responded by passing a bill, signed into law on Dec. 16, 2009, providing for mandatory arbitration for dealers seeking reinstatement. Did it work?
e-Commerce News
New International Data Protection Coalition Announces Web Site
Abusive Internet Social Networking Yields Infringement
As with domain names, social networking user names are often an extension of a person's or an organization's identity. Businesses, for example, use social networking identities to promote themselves as a source of goods and services. And the flip side of that coin is that abusive use of social networking user names allows a third party to benefit from the goodwill by-product endorsement. But here's the problem: Such abusive behavior constitutes intellectual property infringement.
Pay Attention, Counsel!
As students returned to school recently, many may have been looking ahead to their next day off. And today, there are so many online schools that e-commerce executives are turning the chorus of Alice Cooper's classic 1972 schoolboy anthem "School's Out" ' "School's out forever" ' into reality by turning school into another form of e-commerce.
Plaintiff in Casino Suit Craps Out in Venue Decision
A New Jersey resident unsuccessfully sought to keep his slip-and-fall case in Philadelphia Common Pleas Court by arguing that an Atlantic City casino's Internet advertising within Pennsylvania established the state's personal jurisdiction over alleged negligence by the casino.
Are Your Web Site's Privacy and Terms of Use Policies Up to Snuff?
In 2009, the online policies of Sears, Overstock.com and Blockbuster each came up short. Alarmingly, there was nothing atypical about the terms, conditions or disclaimers these Web sites used, or the manner in which the policies were presented to and accepted by online users. The lessons learned from these companies' troubles are that material information should be disclosed more prominently and online visitors should affirmatively accept the terms. If your company's online policies have not been re-examined in the last year, now is the time to do so.
All That Twitters Is Not Gold
Who remembers the practice of law before e-mail and computers? I do. In those "good old days," bar association activities, law clubs, and Martindale-Hubbell were about as adventurous as many attorneys would become when it came to social networking. Today, sites like Facebook and LinkedIn are used by lawyers of all ages, and not merely for socializing purposes.
Are Legal Blogs Dead?
I am now hearing murmurs that blogs are dead ' or at least dying ' within the legal profession. The universe of blogs has become too crowded, too noisy, and too cluttered with spam to have any value, some say. Services such as Twitter and Facebook are easier, more direct and more personal, they contend. So I come today to declare blogging alive, well and thriving within the legal profession.
