The Impact of the Internet on Strict Product Liability Law
September 29, 2008
Strict product liability emerged in the 1960s and 1970s as a potent force shaping the way product manufacturers do business in America. Although the relevant common law of each state has been modified from time to time since its inception, the basic parameters of the theory have been settled for some time. Now, however, market conditions are changing dramatically, and the law is likely to change with it.
Havana Central: Tort Liability and Holdover Tenants
September 29, 2008
A recent split decision by a New York appellate court upholding an incoming tenant's claim against a prior tenant for failing to vacate premises at the expiration of its lease has generated substantial comment and bewilderment in the real estate bar.
e-Commerce Docket Sheet
September 29, 2008
Arbitration Clause in User Agreement Does Not Apply to Phone-Sales Agent <br>Arbitration Clause Is Not Unconscionable for Savvy Corporate Parties <br>Alleged Copyrighted Work Distribution Can Establish An Infringement Claim<br>Songwriters' Claim of Alleged Misappropriation Cognizable under Copyright<br>Exhaustion Doctrine Bars Rights Assertion in Sales to Third-Party Manufacturers
Keeping Up with Online Brand and Other Related Scams and Frauds
September 29, 2008
The Internet has also provided an almost unguarded playground to allow thieves and other criminals to develop and unleash sophisticated scams and frauds on unsuspecting users. This conduct shows up in the almost unlimited amount of Internet scams and frauds active at any point, yet because of the nature of the Internet, it is almost impossible for a small business, consumer or e-commerce attorney to stay up-to-date.
Court Finds Compelled Purchase Option in SILO Case
September 29, 2008
Conclusion of a discussion on the recently decided <i>AWG Leasing Trust</i> case, in which a federal district court found against a taxpayer that engaged in a cross-border sale-leaseback of a waste-to-energy facility located in Germany.
Safeguarding Brands
September 29, 2008
Because the Internet provides opportunistic criminals with a powerful platform for marketing their tainted goods on a mass scale, and with limited funding and personnel, law-enforcement agencies are unable to make a noticeable dent in the fight against counterfeits, leaving companies with the costly burden of protecting their customers. In the face of ubiquitous and pervasive budget cuts, today's innovative in-house counsel deploys non-traditional responses via technology, to show senior executives some visible, cost-effective results.
Agreements for Future Relief from Automatic Stay
September 29, 2008
The question, "Can we get them to agree not to file bankruptcy in the future?" must be near the top of the list of things clients most commonly ask their transactions and workout lawyers.
And on the 46th Day, Who Wins?
September 29, 2008
This article provides a review of the basic principles of federal tax liens and secured transactions under Article 9 of the UCC ("Article 9") and discusses certain issues that arise with respect to the priority of federal tax liens against certain interest holders under the "45-day rule" of the Internal Revenue Code of 1986, as amended (the "Code").
What Your Terms and Conditions Tell Your Customers
September 29, 2008
What businessperson hasn't complained about how lawyers ruin deals? The simple handshake and bar-napkin agreement too often turns into hundreds of pages of fine print, with hourly billing to match. Yet neither party really knows whether it all actually states the deal as each understood it over handshakes. Sometimes the fallout begins because the contracts are unintelligible to the layman ' not good. Other times, the lawyer may have taken far longer than the deal allowed to write a contract, or simply blew the budget ' also not good. Whatever the cause, these problems lead many businesspeople to wonder whether their lawyers are for them, or against them.
