Charney v. Sullivan & Cromwell: What Lessons Lie Here for Your Firm?
March 28, 2008
You might not have followed, or might not even be aware of, a suit by former Sullivan & Cromwell associate Aaron Charney against his firm, and the firm's subsequent suit against Charney. Gossip aside, the case, which settled on Oct. 25, 2007, should be noted by law firms, if for no other reason, than to learn how not to handle discrimination and retaliation complaints.
Boston Duck v. Super Duck: Court Rules That Sponsored Linking Can Ruffle Feathers
March 28, 2008
In <i>Boston Duck Tours, LP v. Super Duck Tours</i>, the District Court of Massachusetts ruled that sponsored linking qualifies as 'use in commerce' for purposes of trademark infringement under the Lanham Act. Although the court ultimately found no likely consumer confusion in this case, in holding that sponsored linking falls within the purview of the Lanham Act, the court joins a growing number of circuits and districts that have failed to take a cue from well-settled, and clearly analogous, offline trademark principles.
The Cost of Security
March 28, 2008
With the ever-increasing focus on security, wage and hour class actions create potential liability for a variety of employers, from airport vendors to power plants to retailers. Fortunately for these employers and others, the recent, yet limited, case law has held that such time is not compensable. Moreover, general wage and hour principles support this conclusion.
GA Court to Rule on Suit over TV Show Interactive Element
March 27, 2008
Text messages, cell phones, TV game shows, Howie Mandel ' none of these could have been contemplated by Georgia's colonial lawmakers when they first passed a law allowing gamblers to recover their losses through lawsuits. The current version of the law is at the center of a case against NBC Universal and the producer of Mandel's hit show, 'Deal or No Deal,' now being considered by the Georgia Supreme Court.
Download Ruling May Raise Burden for Record Labels
March 27, 2008
Those who download music to their computers now have two unlikely heroes. One is Janet Bond Arterton, a federal judge who sits in New Haven, CT. The other is Christopher David Brennan, a young Waterford, CT, resident who, among other artists, has reportedly downloaded songs by Billy Joel and Hootie and the Blowfish.
Federal Circuit Split Decision on 'Public Accessibility' of Internet Posting
March 27, 2008
Do Internet postings constitute 'printed publications' that are available as prior art under 35 U.S.C. §102(b)? Most practitioners and examiners behave as though this were a settled question. It is not. The Court of Appeals for the Federal Circuit recently addressed this issue in <i>SRI International v. Internet Security Systems and Symantec</i>,. After much discussion of the principle of 'public accessibility,' the majority of the panel determined that there was a genuine issue of material fact as to whether a paper that SRI posted on its Internet server was a printed publication.
Sponsored Linking Can Ruffle Feathers
March 27, 2008
In <i>Boston Duck Tours, LP v. Super Duck Tours, LLC</i>, the District Court of Massachusetts ruled that sponsored linking qualifies as 'use in commerce' for purposes of trademark infringement under the Lanham Act. Although the court ultimately found no likely consumer confusion in this case, in holding that sponsored linking falls within the purview of the Lanham Act, the court joins a growing number of circuits and districts that have failed to take a cue from well-settled, and clearly analogous, offline-trademark principles. Rather, these courts seem inexplicably intent on reinventing the wheel and expanding the scope of Lanham Act protection to include Web-based activities that are virtually imperceptible to consumers.
Intimidation Goes Online
March 27, 2008
Bullies used to be fairly easy to identify: Bigger than most of us, intimidating and often vicious. While bullies haven't disappeared, they have become more difficult to detect, launching scathing attacks behind the relative anonymity of the Internet. Such acts, known as cyberbullying, are becoming easier to carry out with text-messaging, blogs and interaction through social-networking sites. And they're a growing concern not only for the victims, who can be targeted round-the-clock, but also for educators, parents and lawyers.
Truck Leasing in a Down Economy: How to Prepare
March 26, 2008
The apparent downturn of the economy is currently most prevalent in the trucking sector, which saw a dramatic increase in repossessions and liquidations in the past year. This article discusses strategic options for lessors.
Web 2.0 at Work
March 25, 2008
In recent years, millions of employees have joined the world of Web 2.0, which includes social networking sites such as Facebook and LinkedIn, blogs, wikis, podcasts, video sharing sites and RSS feeds. In this constantly changing new world, where individuals have the ability to disseminate information about their employers to a potentially world-wide Internet audience, employers need to evaluate their existing technology policies and, where necessary, implement new policies and strategies.
