Auction Web Site Off the Hook
August 28, 2008
At one time or another, every trademark holder must deal with infringement on the Internet. After years of chasing individual infringers, many brand owners seek relief from those who provide the means for infringement. Yet these efforts have had limited success, at least in the United States. In some jurisdictions, search engines have avoided liability for sales of trademarks as keywords, under the doctrine of non-trademark use.
Establishing Best Practices
August 28, 2008
When it comes to work product production, internal and external communication, or workplace safety, the question becomes: "Is there adequate input when these policies are developed, and who are the enforcers?" As important, is the question, "Do established best practices hamper client relations or staff professional development?"
Becoming a Law Firm Partner
August 28, 2008
Interviews with senior associates and individuals in their first or second year of partnership (particularly equity partnership) reveal that they frequently face a number of surprises ' even shocks ' when they enter their new, long-desired status. Here's what to do about it.
What Your Firm Can Learn from Toyota
August 28, 2008
Six Sigma is a disciplined methodology for eliminating defects in any process ' from manufacturing to transactional law. Following this efficiency matrix, LEAN Processing, as developed by Toyota, is without question the most important approach to business process of our times.
Lessee Remains Liable to Lessor Following Failed Mitigation
August 28, 2008
In <i>Giant Eagle, Inc. v. Phar-Mor, Inc.</i>, the United States Court of Appeals for the Sixth Circuit held that the lower courts erred in their determination that once a lessor mitigates its damages by entering into a substitute lease, the lessor cannot claim damages from the original lessee for the period covered by the new lease if the substitute lessee subsequently defaults. Here is a discussion of the case.
Court Finds Compelled Purchase Option in SILO Case
August 28, 2008
In the recently decided AWG Leasing Trust case, No. 1:07-CV-857 (N.D. Ohio 2008), 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. Herein is a discussion of the case and its aftermath.
Developing a Coordinated Corporate Social Responsibility Program
August 28, 2008
Last month, the author discussed what a corporate social responsibility (CSR) program entails and how the key to creating a successful CSR program is to establish stakeholder value across the board. This followup article explains the seven steps to be taken in establishing such a coordinated CSR program.