Avoiding The Top 10 Legal Difficulties Facing Home-based e-Commerce Ventures
October 06, 2004
With the Internet being everywhere, it's no surprise that it penetrates every aspect of a home-based e-commerce venture, along with Internet law, which has developed in lock step with the Internet. <br>And as more people chagrined by the fickle economy turn to their own residential Internet connections as conduits for electronic business, these entrepreneurs find themselves exposed to legal difficulties previously reserved for large traditional businesses. <br>To succeed, this new generation ' and older commercial operations that have adapted to the Information Age ' must know about Internet law, as do counsel who advise them.
Cameo Clips
October 01, 2004
Recent cases in entertainment law.
Prosecutions for Violation of Export Controls on Dual-Use Items
September 30, 2004
Since 9/11, the government has stepped up the enforcement of laws and regulations relating to the control of exports, especially so-called "dual-use" items that have both military and non-military applications. Department of Commerce policy "seeks to keep terrorists and other criminals from possessing sensitive technologies -- in essence, to prevent export violations before they occur," according to Julie L. Myers, Assistant Secretary of Commerce for Export Enforcement.
Keeping The Attorney-Client Privilege In-House
September 28, 2004
Attorney-client privilege should technically apply equally to in-house and outside counsel. However, it has been narrowed in the context of in-house counsel, partly due to the fear that mere participation of in-house counsel will be used to seal off disclosure of information about the basis for business transactions simply by funneling their communications through an attorney. <br>Determining when the attorney-client privilege applies to in-house counsel is a fact-specific analysis complicated by different roles that in-house counsel play.
'An Ounce Of Prevention Is Worth A Pound Of Cure'
September 28, 2004
In 1998, the Supreme Court reminded employers that "an ounce of prevention is worth a pound of cure." Today, as a result of <i>Faragher v. City of Boca Raton</i>, <i>Burlington Indus. v. Ellerth</i>, and the many cases that followed, in-house counsel are responsible for ensuring that their companies avoid harassment and, if it unfortunately occurs, what steps can be taken to preserve the <i>Faragher/Ellerth</i> affirmative defense. <br>Every in-house counsel should adopt these nine steps to prevent and defend against a harassment claim.
Managing IP Value at Risk
September 09, 2004
According to a recent academic overview, American patent holders pay their lawyers $5 billion per year for patent prosecution services and approximately another $2.4 billion for patent litigation (not counting payments of settlements or damages). Besides being good news for the patent bar, this level of investment in patent creation and protection suggests that patents are valuable.
Environmental Claims, CGL Policies and Bankruptcy
September 09, 2004
A Policyholder/Debtor with Comprehensive General Liability ("CGL") insurance has a strategic decision to make: Should the Policyholder/ Debtor protect and preserve its insurance for post-bankruptcy claims, or seek to maximize the insurance proceeds available to satisfy third-party claims? Although the Policyholder/Debtor cannot dictate how its policies are treated during the bankruptcy proceeding, without determining a strategy the Policyholder/Debtor cannot hope to influence the outcome. This article addresses the situation where a Chapter 11 Policyholder/Debtor faces third-party environmental claims. Although this area of law is still developing and varies from one jurisdiction to another, the Policyholder/Debtor should consider certain key issues when determining its strategy for dealing with its CGL insurers.
Grokster Wins Peer-to-Peer Battle
September 08, 2004
In what is poised to spark a debate of significant economic impact for the entertainment industry in the United States Supreme Court, a unanimous panel of the Ninth Circuit U.S. Court of Appeals recently ruled that Grokster, Ltd. and StreamCast Networks, Inc. ' distributors of the Morpheus program ' will live another day, as they do not infringe film and music copyrights by facilitating file-sharing over the Internet.
Successor Liability Claims in Bankruptcy
September 03, 2004
More often than not, bankruptcy filings lead to the sale of a business as a going concern. Such sales are frequently concluded prior to confirmation of a plan of reorganization by resort to Section 363 of the Bankruptcy Code. Section 363 authorizes the sale of a bankrupt company "free and clear of any interest in such property." 11 U.S.C. '363(f). Product liability claims, though, can occur suddenly and seemingly at random long after the sale of the assets to the successor. The successful purchaser may have thought that the "free and clear" sale order was a legal barrier to successor liability. The prudent product liability practitioner knows otherwise.
