The Class Action Fairness Act: The Meaning of 'Commenced' After 1 Year
June 28, 2006
The Class Action Fairness Act ('CAFA') was enacted almost a year and a half ago, signed into law by President Bush on Feb. 18, 2005. 28 U.S.C. §1332(d)(2). CAFA was enacted to help control the 'explosion' in the number of class actions while still allowing the right of access to the courts. As stated by one of the act's proponents, Sen. Orin Hatch, during his keynote address to the American Bar Association conference on class actions, 'truly national class actions should not be heard in remote state courts with little tie to any of the parties involved.' CAFA attempts to rectify this situation by allowing national class actions to be heard in federal courts.
Taking a Stand on Standards Initiatives
June 28, 2006
Industry analysts often debate implementation details of various standards, but more critical attention should be focused on whether entire standardization programs are well conceived. This article offers some lines of thought that readers may find useful in deciding their overall response to a standardization proposal.
Confidential Client Communications? Maybe Not
June 28, 2006
Former SEC Chairman William H. Donaldson noted in a March 5, 2004 speech that SOX was needed to deal with 'a general erosion of standards of integrity and ethics in the corporate and financial world ... The acquiescence by the gatekeepers, like accountants, who turned their backs or actually condoned such accounting manipulation, combined with stock option incentives to management, fueled the short-term focus.' Ironically, the SEC and the Department of Justice, which enforce SOX's criminal provisions, appear ready to burden the traditional ethical obligations of corporate legal counselors to keep client communications confidential in an effort to police the integrity and ethics of other corporate gatekeepers.
Going High-Tech On the Paper Trail
June 28, 2006
It makes sense that attorneys who advise e-commerce ventures as part of their regular practice would try putting technology to use to manage law firms. And it makes sense that they'd be the ones to succeed.<br>As technology continues to permeate our society, use of radio frequency identification (RFID) equipment is spreading far beyond tracking 18-wheelers cross-country, or products and parts moving in and out of warehouses ' or, for that matter, stray cattle, pets or misplaced car keys.
First Global IP Forum in China Sparks Interest
June 06, 2006
Just days before the U.S. government declared China one of 2005's worst infringers of intellectual property, two Needle & Rosenberg attorneys traveled to Beijing for what they say is the country's first-ever international intellectual property rights conference.
New Antitrust Considerations for Tying Schemes
May 31, 2006
The Supreme Court has recently abolished the presumption that a patent confers 'market power' on the patent owner, ending the presumption of antitrust liability arising from the conditioning of a patent license to the purchase of unpatented articles. <i>See Illinois Tool Works v. Indep. Ink, Inc.</i>, 126 S. Ct. 1281 (2006). As discussed below, this decision will have wide-ranging implications to the field of patent licensing, where fear of antitrust liability has tended to dampen the creativity of patent license schemes.
Hiring a Media Buyer
May 31, 2006
Imagine fielding all those unsolicited calls and referring them to a professional whose full-time job involves learning your audience requirements and branding strategy, finding research or personally conducting ongoing market and competitor analysis, providing you with data-rich 'Point-of-View' (POV) assessments on how the possible media buys fit into your firm's priorities ' maintaining arm's-length but informed relationships with the myriad publications you might consider, but recommending only those publications that meet a sophisticated test of audience reach vs. cost. This professional then negotiates advantageous terms and specifics, such as date and page placement, and executes the details of the media plan, day-in and day-out. And who keeps the payments and discounts straight and sends you frequent updates for budget-tracking purposes.<br>That professional is a media planner/buyer. No stranger to corporate America, outside media planning and buying services are relatively new to law firm marketing, but their presence is increasing among the larger, more media-savvy firms. Just as the legal profession lagged in accepting and building marketing departments, it has been slow to appreciate the value of these media professionals. That's changing, however, as national and global law firms are recruiting more non-legal professionals to high-level positions; and that new blood is carrying over some well-known best practices found in other industries with longer track records in branding and advertising than law firm marketing.
Case Notes
May 31, 2006
Highlights of the latest product liability cases from around the country.
Protecting Product Liability Clients in the Event of an Avian Flu Pandemic
May 31, 2006
Recent news reports have brought international attention to the dramatic risks associated with a worldwide outbreak of the avian H5N1 virus flu. Although the legal issues that may arise as a result of a pandemic are not all necessarily product liability issues, attorneys with a focus on product liability law are well advised to consider how such a pandemic might affect their clients and potential clients. It is also prudent for product liability attorneys to…
