Hyperlinking As Infringement
March 15, 2005
Can hyperlinks on one Web site that link to another site where copyrighted materials are displayed constitute copyright infringement? <br>Although courts in at least two decisions have declined to recognize the potential of copyright infringement from the mere use of such hyperlinks, the recent Indiana federal district court case, <i>Batesville Services, Inc v. Funeral Depot, Inc.</i>, concluded that a defendant's use of hyperlinks on a Web site that link to copyrighted material on another Web site could constitute unlawful copyright infringement.
Fetal Neurological Damage
February 25, 2005
Recent research suggests that attorneys evaluating claims involving newborn neurologic damage and cerebral palsy should also be looking at a new potential cause of such conditions. Some research suggests that physiological problems in certain mothers - and perhaps fetuses themselves -- actually contribute to neonatal encephalopathy or cerebral palsy that previously would have been assumed to be the result of intrapartum asphyxia, infections, metabolic defects, developmental malformations, or some other cause.
Cameo Clips
February 24, 2005
Recent cases in entertainment law.
Mergers And Attorney Departures: Ethical Pitfalls To Avoid
February 24, 2005
As anyone connected with the modern law firm can readily attest, lawyers come and lawyers go. As anyone connected with the ethics function at the modern law firm can attest, attorney arrivals and departures create conflict of interest and other issues that sometimes seem unsolvable. <br>To be sure, the dynamics are readily different when attorneys arrive at the firm, as compared to when they depart. On the front end of a new relationship, everyone is hopeful and excited ' in stark contrast to the mindset of departing attorneys, in many circumstances, toward their soon-to-be former firm, and vice versa. Regardless of the dynamics, however, important ethical rules and principles must be followed. Otherwise, serious economic and reputational harm ' as well as attorney grievance investigations ' can follow.
Quarterly State Compliance Review
February 24, 2005
This edition of the Quarterly State Compliance Review looks at some of the legislative enactments and court decisions of interest to corporate lawyers that occurred over the last 3 months. Included is a look at three new limited partnership acts, a Delaware decision granting shareholders access to a corporation's privileged communications, and an Illinois decision holding that an internal corporate memo could be the basis of a defamation action.
Court Says $10K 'Bet' Can't Settle E-tailer Fight
February 24, 2005
A $10,000 "side bet" wasn't enough to persuade a Ninth Circuit U.S. Court of Appeals en banc panel to answer whether federal courts have jurisdiction over out-of-state Internet retailers.
Court Watch
February 24, 2005
Highlights of the latest franchising cases from around the country.
Franchise Litigation: 10 Cases That Changed the Landscape in the Past Decade
February 24, 2005
<i>Armstrong Business Services, Inc., et al., Appellants v. H & R Block, et al.,</i> Bus. Franchise Guide (CCH) '12,485, 96 S.W.3d 867 (Mo. App. 2002). The Armstrong case involved H&R Block franchisees who sued their franchisor for, among other things, encroaching upon the franchisees' territories through the franchisor's Internet business. H&R Block then filed a counterclaim, alleging that all of the franchisees' franchise agreements were terminable at will by Block.
