Practice Tip: Toxic Cases ' Proceed with Caution
July 31, 2006
All product liability cases are difficult; however, toxic product cases that involve a substance that has caused injury during its use or application pose more of a problem than most others. For example, some spray paints may contain toxic substances that are part of the composition of the product. The warnings on such products are covered by the Federal Hazardous Substances Act ('FHSA'), which requires hazardous household products sold in interstate commerce to contain cautionary labeling, 15 USCA 1261. (A hazardous substance is toxic, an irritant, or a strong sensitizer if the substance may cause substantial personal injury or illness as a result of any reasonably foreseeable use.)
<b>Professional Development University: </b>Translating Professional Development into Business
July 31, 2006
Law firms are spending more money on professional development and hiring more staff to oversee this area than ever before. In addition to substantive skills programs for the many different practice areas, internal programs have expanded to include leadership and business-development curriculums, deal and case management training, presentation skills, business development and client relationship training.
The Bad News: You Have a 401(k) Plan
July 31, 2006
This article is intended by the author to comprise Part Four of Four in a series on lawyer retirement planning. Parts One and Two, 'What In the World Is Going on with Lawyer Retirement Planning?' were published in the November and December 2005 issues of LFP&B. Part Three, last month, examined the history of the 401(k) and why there are problems with the popular retirement vehicle. In this part, we find out how to make things better.
Checklist for a New Partner; or, the 12 Most Important Things for a New Partner to Do
July 31, 2006
The late Supreme Court Justice Harry Blackmun once said: 'A wedding is an event; a marriage is an achievement.' Much the same could be said about the attainment of ownership in your professional practice. Your ascension is an event; partnership is an achievement. And so the analogy goes that a law firm partnership is much like a marriage, and a breakup much like a divorce. Life repeats itself in business. But as newly minted partners settle into their new roles, this article provides guidance (some serious, some lighthearted) to begin what I hope will be a long and satisfying achievement ' a partnership. Congratulations.
'Involuntary Dismissal' of the 'Innocent Seller': Continuing Choice of Law Issues in Products Liability MDL Proceedings
July 31, 2006
In multidistrict litigation ('MDL') proceedings involving product liability claims, the choice of what law to apply continues to be a thorny issue. For instance, in <i>In re Ephedra Products Liability Litigation</i>, No. 04-1598 (S.D.N.Y) (the 'Ephedra MDL'), Judge Jed S. Rakoff of the Southern District of New York raised the question of whether the Restatement of the Law Third of Torts could be applied as the universal law applicable to all claims in the proceeding. <i>See</i> Case Management Order ('CMO') No. 4 at '11, July 9, 2004. Judge Rakoff later concluded, at the Sept. 10, 2004 Status Conference, that application of such a 'universal law' would be inappropriate. Such choice-of-law issues, however, remain problematic. That is so not only with regard to substantive law, but with regard to procedural law as well.
Net News
July 31, 2006
Kazaa to Pay $100 Million In Settlement<br>Congress Passes Bill Limiting Online Wagering <br>Web Wagering Faces Clampdown with Major Arrest<br>Music Industry Prepares Lawsuit against Yahoo China
Cases of Note
July 31, 2006
Eleventh Circuit Sides with Amazon.com in Right of Publicity Suit<br>Ninth Circuit Finds No Purposeful Availment to Effect Personal Jurisdiction<br>U.S. District Court Denies Cybersquatting Injunction
Yahoo Builds New IP Licensing Model
July 31, 2006
When Joseph Siino came on board as Yahoo Inc.'s first Vice President of Intellectual Property, the company needed to keep up with Google and Microsoft in transforming from Internet portal to global digital media company. It needed to use its technology patents to generate and distribute media content from its site.
Is Internet Gambling Running Out of Luck?
July 31, 2006
Internet gambling is illegal when the activity occurs in a state that outlaws gambling. Today, federal prosecutors rely upon various statutes enacted before the widespread use of the Internet.
Lawyer-Bloggers: Fact or Fiction?
July 31, 2006
These days, it seems like everyone has a blog. You can start one with almost no overhead, and the online publishing possibilities seem endless ' and yet most lawyers still don't blog.
