Why Mediation Works
December 27, 2004
In mediation, a trained third-party neutral is selected by the parties (or appointed by a tribunal) to assist the parties in resolving their dispute. Mediators may be members of a panel, are associated with a dispute resolution organization, or have a private mediation practice. Mediators serve pursuant to written mediation agreements that provide for confidentiality of the process, and outline the procedure that will be used in the mediation session. The hallmark of mediation is that the mediator meets with both sides, in joint and separate caucuses, and guides the parties through exchange of information and exploration of interests and positions in a confidential setting with the goal of enabling the parties to reach agreement themselves.
<b>Commentary</b>Issues To Consider In Supreme Court's <i>Grokster</i> Review
December 27, 2004
Critical questions for the Supreme Court are likely to be the amount of non-infringing activity required for a contributory or vicarious infringer to escape liability for use of its product, and perhaps the intent of the defendant in developing and marketing its product.
Royalty Audit Law Takes Effect In California
December 27, 2004
On January 1, 2005, the Recording Industry Accounting Practices Act took effect in California. The law, which was proposed by California State Legislator Kevin Murray (D-Culver City), gives artists minimum statutory audit rights that override several of the disputed audit provisions of standard recording agreements.
Clause & Effect: <b>Courts Rule on Audit Rights, Moral Clauses, And TV Talent Rights in Program Trademarks
December 27, 2004
A roundup of recent court decisions on provisions in entertainment industry contracts.
Paramours and Promotions
December 27, 2004
Title VII of the Civil Rights Act of 1964 is the major federal anti-discrimination law and prohibits job bias on the basis or race, color, religion, national origin, or sex. The U.S. Equal Employment Opportunity Commission (EEOC), which administers Title VII, has issued a policy guidance stating that the statute does not prohibit isolated instances of preferential treatment based on consensual romantic relationships -- "An isolated instance of favoritism to a 'paramour' (or a spouse, or a friend) may be unfair, but it does not discriminate against women or men in violation of Title VII, since both are disadvantaged for reasons other than their genders."
Simplifying The e-Discovery Process For Attorneys: Relationships, Involvement, Strategy & More
December 27, 2004
One of the key contributions an e-discovery consultant brings to the electronic data discovery (EDD) process is simplification and credibility. EDD projects continue to increase in volume and complexity, as do the technologies and processes required to manage them successfully, and attorneys often get drawn into the complexity.<br>Following are some practical ways that EDD consultants and attorneys should work together to bring maximum value to the process without creating an extra burden for the attorney.
Getting More Data For Less
December 27, 2004
As we move farther into the Electronic Age, the principle continues to apply: The more you keep, the less you risk. And with a plentiful supply of inexpensive storage options and increasing compliance demands resulting from legislation like Securities and Exchange Commission (SEC) requirements, HIPAA and Sarbanes-Oxley, electronic data is being stored at an increasing rate. <br>It is quickly becoming apparent, however, that as companies continue to retain tremendous amounts of information, few have the ability to properly manage this data and provide access to it when it is needed. For attorneys in particular, this presents a challenge, because even the most compelling evidence is meaningless if it isn't readily accessible.
Making The Electronic Deal
December 27, 2004
Deals get done today online much more quickly than on paper. Lawyers, clients and investment bankers routinely swap blacklines several times a day by e-mail, as negotiations proceed without the loss of a single tree. <br>But will all those drafts hurt you if you get stuck in litigation over the deal with a competitor or even your deal partner? Will you be able to completely satisfy a request for production of all your e-mail and electronic files? In fact, through e-discovery, your litigation opponent may even find a different deal than the terms on which you thought you had "agreed.
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