Hyundai Motor America v. National Union
August 26, 2010
Defendants in patent infringement actions have new reason to scrutinize their Commercial General Liability insurance policies. On April 5, 2010, the Court of Appeals for the Ninth Circuit held that allegations of patent infringement involving a method of advertising constitute "advertising injury," triggering an insurer's duty to defend a patent infringement suit.
A Long Voyage from the Runway to the Beltway
August 26, 2010
The Innovative Design Protection and Piracy Protection Act ("IDPPA" or S. 3728) was introduced in the Senate on Aug. 5, 2010 by Sen. Charles Schumer. The bill proposes to extend copyright protection to unique fashion designs by amending Chapter 13 of U.S. Code Title 17 (the Vessel Hull Design Protection Act of 1998).
Policing Workplace e-Mail Use
August 26, 2010
On-the-job Internet surfing has become a problem that employers can no longer ignore. A recent Office of Inspector General investigation, for example, revealed that senior-level SEC staff, including an attorney, used their workplace computers to view online pornography for up to eight hours per day during the period of time that led this country's biggest economic meltdown since the Great Depression.
New Contract Requirements in Louisiana
August 25, 2010
Recently, Louisiana enacted legislation to regulate automatic renewal clauses in contracts to provide that any contract that automatically renews if the consumer fails to cancel it must disclose the automatic renewal clause clearly and conspicuously and include clear and conspicuous language describing how to cancel the contract.
The Assault on Traditional Long-Arm Jurisdiction Continues
August 25, 2010
A review of <i>Nicastro v. J. McIntyre Machinery America, Ltd.</i>, in which the Supreme Court of New Jersey ruled in that a plaintiff could bring a product liability action in a New Jersey state court against an England-based product manufacturer under what is termed the stream-of-commerce theory of personal jurisdiction.
Using Technology Can Overcome First Amendment e-Monitoring Worries
August 20, 2010
e-Commerce tools allow e-monitoring of an Internet user's actions ' but the desire of companies and others to know and to track what an Internet user does on the Internet isn't as simple an issue as just setting up the technology and being done with it.
Internet Sale Ruled To Trigger Personal Jurisdiction in Long-Arm Law
August 20, 2010
A federal appeals court ruled last month that a trademark-infringement action can be brought against an out-of-state employee of an online retailer who sent a bogus handbag to an address in the Bronx, New York City, from a Web site that offered merchandise to New York consumers.
Unconstitutional Burdens
August 20, 2010
Record-breaking budget shortfalls have caused states to search outside the box for revenue-raising tools that many argue are unconstitutional and violate the consumer privacy that online shoppers have come to expect. Today, with so much of retail activity conducted over the Internet, states are struggling with revenue losses stemming from this constitutional restriction. States are reacting by becoming ever more creative in their attempts to capture this lost revenue by adopting new laws aimed at circumventing the Commerce Clause restrictions.
<b><i>Product Review:</b></i> American LegalNet's eDockets
August 19, 2010
The docketing process can be highly risky. When a law firm's docketing and calendar workflow is undefined or loosely structured, the firm is left vulnerable ' vulnerable to missing deadlines, losing track of e-filings, or submitting out-of-date or unofficial forms. Further, time-consuming paper reporting, inconsistent database and deadline management and a lack of integration with other critical programs (such as time and billing systems, conflicts checking and document management systems) cannot only diminish a firm's workflow efficiency, but also increase its risk.
How Technology Can Drive Effective Case Collaboration
August 19, 2010
Reviewing depositions and documents faster and more efficiently is critical for law firms in the face of increasingly complex and arduous litigation processes. While many firms are already using collaboration tools to promote and facilitate ongoing interaction across legal teams, it has also introduced new challenges. Predominant among them: How can legal teams and counsel leverage technology to collaborate and more efficiently manage case administration and trial preparation while keeping costs at a minimum?
