Law Firm Intelligence: Researching the Economy Part III: The Big Picture
May 28, 2009
While the macroeconomics is more than a little intimidating, the good news is that researching the economy is not a complicated task. In fact, it can be much more straightforward than internal financial research (covered in the first part of this series) and research on the financial health of companies and industries (covered in the second part of this series). In this, the third and final part in the Researching the Economy series, we focus on a few key sources for macroeconomic information.
Twombly's Plausibility Standard in Product Liability Cases
May 26, 2009
The <i>Twombly</i> decision significantly changed the accepted standard for a motion to dismiss from "no set of facts" to enough "plausible" facts. Now, to survive a motion to dismiss for failure to state a claim, a complaint must allege "enough facts to state a claim to relief that is plausible on its face."
Look, But Don't Log In
May 26, 2009
A computer forensic analysis reveals that the employee has accessed his personal Web-based e-mail account from his company computer and that his log-in information (username and password) has been recovered from the computer's memory. Can you log in to the account and read his personal e-mail?
Labels Attack Music Search Engines
April 30, 2009
Lawyers scurried to San Jose, CA, bankruptcy court in April to argue over the remains of SeeqPod Inc., the first big casualty on the newest front in the legal war between the record industry and the Internet.
A Look at Law That Restricts Non-Competes In Broadcasting
April 30, 2009
New York broadcast employees who otherwise have been subject to restrictive non-compete clauses in their employment contracts are the prime beneficiaries of the Broadcast Employees Freedom to Work Act, NY Labor Law '202-k, signed into law in 2008 by Governor David Paterson. The law forbids some, but not all, attempts by employers in broadcasting media to restrict the range of opportunities for certain employees following the termination or expiration of employment. Similar legislation benefiting broadcast industry employees has been passed in Arizona, Illinois, Massachusetts, Maine and Washington, DC; and non-compete provisions are banned in California.
Boom, Boom, Boom
April 30, 2009
While it is helpful to be able to research issues online and communicate with key employees while sitting at the board table, I find that the level of distraction from the board's deliberations has diminished the value of these meetings, for me and for the company. While this problem is certainly not limited to e-commerce or technology firms, I think that the great reliance on such technology by their executives and directors makes the legal duty to "pay attention" even more of a pressing issue for such firms.
Who Should Monitor Online Counterfeiters?
April 30, 2009
Oral arguments will soon be heard by the U.S. Court of Appeals for the Second Circuit in the highly watched dispute between renowned jeweler Tiffany & Co. and eBay, the popular online auction site, over who bears the burden of "policing" online counterfeit activity. Evidencing the tension between e-commerce and brand owners, eBay, Tiffany and several amici curiae have advanced their positions to the circuit. This article summarizes some of the arguments.
e-Commerce and Canada
April 30, 2009
With a recession taking a chunk from some e-retailers' sales, U.S. entrepreneurs are looking to expand their e-sales base north of the border, onto Canadian consumers' computer screens. But reaching that wider shopper base can present problems, particularly when a Web retailer attempts cross-border transactions into Canada. Many retailers may be surprised to learn that a number of legal differences exist that can present thorny issues to even the smallest boutique U.S.-based Web site selling to customers who make their purchases online in Canada.
Cisco Legal Increases Efficiency
April 30, 2009
An ongoing challenge of Cisco Legal's priority to deliver value efficiently to its business customers is the need to facilitate intra- as well as inter-departmental collaboration with outside counsel and business partners and customers.
Data Loss Prevention: A Concept in Motion
April 30, 2009
The current economic climate, along with portable devices and the mobility of today's workforce, has truly created the perfect storm ' exacerbating DLP issues and expanding the definition of DLP and related needs beyond the piecemeal technology offerings currently available. Preventative steps like ethical walls can easily be applied to stored data ' but data in use is the true risk to address.
