When Attorneys Ghostwrite Experts' Reports
March 30, 2010
How much attorney involvement in the drafting of experts' reports is permissible? Must the entire work product be that of the expert? Or, at the other extreme, would it be acceptable for an attorney to draft the entire expert's report with the expert "adopting" it?
Active Inducement In the Post-Grokster World
March 29, 2010
This article discusses the theory of active inducement in copyright law, the evolution of P2P technology over the past decade, recent U.S. and foreign legal decisions, and developments impacting copyright holders, file-sharing networks and Internet service providers.
The Virtual Company
March 29, 2010
Entrepreneurs have always chafed against the formalities and procedures demanded of them by their attorneys and, more generally, by business laws. Who hasn't had to keep reminding clients of the importance of signing and returning annual minutes ' again and again and again? This is even more so for the tech sector, and e-commerce founders. After all, they created an industry by thinking outside the proverbial "box," so why should their creativity be constrained by legal rules created for the age of the steam engine?
Blogging and Your Business
March 29, 2010
As a marketer, know that if your employees post a blog comment, or an entry on Facebook or Twitter about your company or its products, a number of questions are raised. Is your company responsible for what is said?
Blogging and Your Business
March 29, 2010
As in-house counsel, if your employees post a blog comment, or an entry on Facebook or Twitter about your company or its products, a number of questions are raised. Is the company responsible?
Inquest on Damages
February 25, 2010
Because the issue of damages is so intertwined with the issue of causation in a medical malpractice action, and because such actions are unique in that a defendant doctor can be negligent without being the cause of any injury, the authors submit that a defaulting defendant should be permitted to introduce evidence on the issue of whether the claimed injury resulted from the alleged malpractice, or from another factor or factors, in whole or in part.
The 'New and Improved' FTC?
February 25, 2010
A broad survey of Federal Trade Commission ("FTC") actions and appointments throughout 2009 reveals priorities in enforcement efforts. For instance, the FTC initiated what some observers characterize as fundamental changes to its previous modus operandi ' changes that mark a more proactive approach on several fronts.
MA Recognizes Medical Monitoring Based on Exposure to Cigarette Smoke
February 25, 2010
The Massachusetts Supreme Judicial Court ("SJC") has recognized a cause of action for the projected costs of medical monitoring when a product has not caused any actual disease or illness but solely subclinical physiological changes associated with an increased risk of disease. The decision will have broad implications for product manufacturers and sellers.
