Preparing for Possible Third-Party Computer Seizure
September 28, 2006
The seizure of opponent media, long a government mainstay in criminal technology cases, eventually began finding its way into the civil-litigation strategic arsenal. If ordered, this measure was most likely based on one party's inexperience or misconduct leading to the reasonable likelihood that data would be lost.
How a Venture Capitalist Views the Franchise Business: A Q&A with H. Scott Pressly of Roark Capital
September 28, 2006
Roark Capital is one of the most prominent private equity firms participating in the franchise industry. The company has been investing in franchise operating companies since 2001, and has invested in nine brands comprising more than 2600 locations in 50 states and 29 countries. The firm's roots are in franchising, as Neal Aronson, founder and managing partner, was co-founder of U.S. Franchise Systems, Inc., before selling the franchise operator and starting Roark Capital.
Automate and Save
September 28, 2006
A new day is dawning for electronic discovery in corporate environments. Opposing counsels recognize that e-documents stored in proprietary formats or on multiple systems no longer mean that they are inaccessible.
What You Need to Know About Topic Review
September 28, 2006
The process used to review discovery documents in civil litigation has undergone a significant transformation since the introduction of electronic-discovery practices at the beginning of this century.
UK House of Lords Sets Limits on Application of EU Antitrust Law
September 28, 2006
The decision by the House of Lords in <i>Inntrepreneurs Pub Company v. Crehan</i> concerning the Inntrepreneur chain of franchised pubs and its exclusive supply of beer under the franchise agreement is the latest and probably final step in a long-standing dispute about the consequences of the infringement of European Competition Law by a franchise (or indeed other) agreement. It concluded that damages can be awarded for breach of Article 81(1) of the Treaty of Rome ' the EU's antitrust law ' but should not be awarded in this particular case.
Weaving a Bulletproof Web
September 28, 2006
An often-overlooked component of an e-commerce company's intellectual property portfolio is the company Web site. This is something that is true in general for firms of any type, including law firms that advise e-commerce ventures, but it's especially true in the fast-paced world of technology firms, whose primary emphasis is usually core technology in the form of patents or trade secrets. The Web site, as a matter of course, is the most innocuous of assets, but it's an asset, nonetheless, and one of which tech-world denizens should be aware. The job of the general counsel's office, and of lawyers hired to act in that capacity, is to protect this asset.
Liability Without Harm: Is There a New Source of Catastrophic Liability Lurking Within Your State's Consumer Protection Statute?
September 28, 2006
Lost benefit suits are especially threatening to product manufacturers because these claims are particularly susceptible to class aggregation. Rule 23 of the Federal Rules of Civil Procedure permits plaintiffs to assemble into classes when, among other things, they share 'questions of law or fact' and those common questions 'predominate over any questions affecting only individual members.' Fed. R. Civ. P. 23. Ordinarily, injury and causation are sources of diversity between plaintiffs and, by extrapolation, impediments to class treatment. Plaintiffs who claim injury from tobacco, for example, frequently claim different injuries and different causal mechanisms and, therefore, typically may not assemble into classes. <i>See, e.g., Aspinall</i>, 442 Mass. at 392-93, 813 N.E.2d at 485-86. By dispensing with the injury and causation requirements, lost benefit suits destroy a source of diversity between plaintiffs and promote class treatment.
ADA Mental Illness Claims Increase in The Workplace
September 28, 2006
As the stigma of mental illness lessens, employers are handling more frequent requests for accommodation under the Americans with Disabilities Act (ADA). Because serious physical impairments are often easier to identify and accommodate, learning to handle the gray areas of mental disorders as they relate to the ADA can be a challenge for employers.
