<b><i>Commentary: </b></i>Keep the Core Neutral: ICANN Policy Proposes to Restrict New Domain Names
August 28, 2007
The Internet Corporation for Assigned Names and Numbers ('ICANN'), the private California corporation set up by the United States Commerce Department in 1998 to manage and control the Internet's root server, is developing a policy to introduce new generic Top-Level Domains. Unfortunately, the draft policy ignores freedom of expression guarantees, expands the rights of trademark owners on the Internet and sets up an arbitrary and subjective process in which ICANN will decide what ideas may be expressed in Internet domain names ' and by whom.
Cameo Clips
August 28, 2007
Concert Tours/Deal Breakdown; Right of Publicity/Web Photo Display; TV Interviews/Anti-SLAPP Law.
In Modern Litigation, Here's One Important Rule
August 28, 2007
Frequently missing from the plethora of articles on the pitfalls and potential problems in electronic discovery data for the uninitiated or unaware is practical experience and analysis from the trenches. This article addresses key EDD issues and pitfalls in a particular case involving 44 million pages of electronic records and a jury verdict of about $570 million, with a focus on the consequences of retaining too much electronic information and ways to solve problems that plague large companies involved in e-discovery.
Pleading Standard for Securities Fraud Complaints
August 28, 2007
In Tellabs v. Makor Issues & Rights Ltd. (June 21, 2007), the U.S. Supreme Court offered clarity on the requirement in the Private Securities Litigation Reform Act of 1995 (the 'PSLRA') that plaintiffs in securities fraud actions plead with particularity facts giving rise to a 'strong inference' of scienter. There has been some disagreement on the impact of the ruling.
Streamlined Document Production At Hinshaw & Culbertson
August 27, 2007
Law firms must produce documents ranging in difficulty from simple memos to complex agreements, as well as disclosure documents and briefs. Firms are often under the highest pressure with demands for both accuracy and turnaround. As a result, it is imperative that they produce well-formatted documents quickly and efficiently.
Movers & Shakers
July 31, 2007
News about lawyers and law fims in the product liability field.
Case Notes
July 31, 2007
Highlights of the latest product liability cases from around the country.
Walking the Line: Sharing Work Product with Testifying Witnesses
July 31, 2007
Attorneys have an ethical obligation to represent their clients zealously. Deposition preparation is key to that obligation. Preparing testifying witnesses educates and focuses them on important issues and facts of a case. This aside, the law regarding disclosure of work product provided to testifying witnesses is not well settled, and 'there is considerable room within which thoughtful judges can reach different conclusions.' <i>Intermedics, Inc. v. Ventritex, Inc.</i>, 139 F.R.D. 384, 387 (N.D. Cal. 1991). Zealous representation, therefore, requires counsel to walk a line between witness preparation on one side and work product disclosure on the other. In so doing, counsel must also remain mindful of the line that exists between acceptable witness preparation and impermissible influencing of a witness. <i>State v. Earp</i>, 571 A.2d 1227, 1235 (Md. 1990). One misstep may lead to disclosure of counsel's mental impressions and strategy and, possibly, to serious sanctions.
