Internet Sale Ruled To Trigger Personal Jurisdiction in Long-Arm Law
August 20, 2010
A federal appeals court ruled last month that a trademark-infringement action can be brought against an out-of-state employee of an online retailer who sent a bogus handbag to an address in the Bronx, New York City, from a Web site that offered merchandise to New York consumers.
Recent Rulings Highlight Software Licensing Disputes
August 20, 2010
This article discusses software licenses generally, the availability of copyright and contract claims in the event of a breach, and other areas of disagreement that may arise in a software-licensing dispute.
Unconstitutional Burdens
August 20, 2010
Record-breaking budget shortfalls have caused states to search outside the box for revenue-raising tools that many argue are unconstitutional and violate the consumer privacy that online shoppers have come to expect. Today, with so much of retail activity conducted over the Internet, states are struggling with revenue losses stemming from this constitutional restriction. States are reacting by becoming ever more creative in their attempts to capture this lost revenue by adopting new laws aimed at circumventing the Commerce Clause restrictions.
Promoter Wins Attorney Fees for Challenging Truth-In-Music Law
August 20, 2010
New Jersey will have to pay the legal fees for a music promoter that sued the state to stop it from enforcing its "truth-in-music" law. The U.S. Court of Appeals for the Third Circuit held in <i>Singer Management Consultants Inc. v. Milgram</i> that the promoter, which accused the state of violating its constitutional and trademark rights, was a prevailing party for fee-shifting purposes.
<b><i>Product Review:</b></i> American LegalNet's eDockets
August 19, 2010
The docketing process can be highly risky. When a law firm's docketing and calendar workflow is undefined or loosely structured, the firm is left vulnerable ' vulnerable to missing deadlines, losing track of e-filings, or submitting out-of-date or unofficial forms. Further, time-consuming paper reporting, inconsistent database and deadline management and a lack of integration with other critical programs (such as time and billing systems, conflicts checking and document management systems) cannot only diminish a firm's workflow efficiency, but also increase its risk.
How Technology Can Drive Effective Case Collaboration
August 19, 2010
Reviewing depositions and documents faster and more efficiently is critical for law firms in the face of increasingly complex and arduous litigation processes. While many firms are already using collaboration tools to promote and facilitate ongoing interaction across legal teams, it has also introduced new challenges. Predominant among them: How can legal teams and counsel leverage technology to collaborate and more efficiently manage case administration and trial preparation while keeping costs at a minimum?
Recommended Practices for Document Review Workflow
August 19, 2010
In the paper world, "getting to the facts" was routine and predictable, with generally understood scope, costs and risks. With the explosion of electronic data and the evolution of ever more complex systems, "getting to the facts" is no longer routine and predictable.
Is an Integrated e-Discovery Solution the Best Approach?
August 19, 2010
With law firms increasingly feeling pressure to adapt to client demands to reduce bills and expenses, an integrated e-discovery solution may seem like a wise investment. Having fewer vendors providing necessary services is always beneficial. It means less administrative overhead, less potential for miscommunication, and less time spent training staff on new software. However, when it comes to e-discovery, an integrated solution may not always provide a law firm with exactly what it needs.
Ninth Circuit's Stay Order Underlines Standing Question in Gay Marriage Case
August 19, 2010
Even as the Ninth U.S. Circuit Court of Appeals pressed the brakes on Aug. 16 for gay couples hoping to wed this week in California, the court set an accelerated pace for hearing the case. And in what could be an ominous sign for Proposition 8 proponents, the judges ordered them to "include in their opening brief a discussion of why this appeal should not be dismissed for lack of Article III standing."
<b>BREAKING NEWS:</b> Prop 8 Overturned
August 04, 2010
A federal judge in California has struck down the state's ban on same-sex marriage, known as Proposition 8, as unconstitutional. If any observers thought Judge Vaughn Walker would have a difficult time striking down Proposition 8 as unconstitutional, they were mistaken.
