IP News
September 02, 2004
Highlights of the latest intellectual property news and cases from around the country.
Reducing Frivolous Litigation
September 01, 2004
In the first installment of this article, published last month, we discussed the problem of frivolous lawsuits against drug and medical device firms and how state legislatures have been moving to curb frivolous suits in another arena - professional negligence - through the introduction of a requirement for an affidavit of merit. This month, we look at how the lessons learned in the case of professional negligence suits could be applied to reduce the filing of unfounded complaints against drug and medical device makers.
Resolving Mass Torts with Bankruptcy Funds
September 01, 2004
The ongoing effort to resolve globally the problem of overwhelming mass-tort liability continues this year through legislation. A Senate bill to create a trust administered by the Department of Labor, funded by industry and insurance contributions, was voted down in April. Whether this proposed resolution ultimately fares better than those preceding it remains to be seen. In the meantime, however, the Rand Institute for Civil Justice reports that by the end of 2002, at least 56 companies had turned to bankruptcy to find the resolution and finality they needed to get back to their business. Others will undoubtedly follow before any global solution is ultimately reached.
Internal Information Controls: Corporate Accountability
August 31, 2004
The swift enactment of Sarbanes-Oxley (SOX) in the wake of numerous corporate scandals brought at least as many questions as solutions for executives charged with ensuring corporate compliance with SOX's many provisions. As the various compliance deadlines for SOX draw near or expire and the Securities and Exchange Commission (SEC) continues to release rules and guidelines, even more questions emerge, requiring executives to quickly gain familiarity with otherwise unfamiliar topics in order to avoid the potential liability associated with violations of the law. One such topic is the security and control of financial information.
From Cradle to Grave
August 31, 2004
Bankruptcy lawyers may not get involved in their clients' transactions until it is too late. They may be called in only upon the occurrence of a default, litigation, or the commencement of a bankruptcy case. At that point, they are faced with deals that have been "set in stone" -- drafted and structured by lawyers specializing in the front-end, who may have looked at the transaction from an overly optimistic viewpoint, especially in the case of a long-term deal with another party that presently is in good financial health.
The Applicability Of The WARN Act To Law Firms
August 16, 2004
In addition to its obligations to its clients and creditors, a law firm partnership which is in dissolution, or about to merge or be sold, may have certain statutory obligations to its employees. In recent years there has been litigation surrounding whether the Workers Adjustment and Retraining Notification Act (WARN) is applicable to partnerships, and in particular, law firm partnerships.
Case Briefs
August 13, 2004
Highlights of legal bill auditing cases.
A Second Look at JRS Products, Inc. v. Matsushita Electric Corp.
August 10, 2004
<i>JRS Products, Inc. v. Matsushita Electric Corporation of America</i>, 115 Cal.App.4th 168, 8 Cal.Rptr.3d 840 (2004) (<i>JRS Products</i>), decided earlier this year, provides important clarification of the scope of remedies available under California law to franchisees who have been wrongfully terminated. The California Appellate Court decision holds, among other things, that the California Franchise Relations Act (CFRA) does not bar a franchisee from recovering damages for breach of contract for wrongful termination.
Online Contracts
August 09, 2004
Nearly 2 years have passed since the decision by the U.S. Court of Appeals for the Second Circuit in <i>Specht v. Netscape Comm. Corp.</i> threw what some thought was a large monkey wrench into online contract formation. The practical effect of the decision, however, has not been as significant as had been feared, and businesses operating in cyberspace continue to successfully reach online agreements with end users and customers. <br>As a close reading of the Specht ruling and other decisions make clear, "clickwrap" and other online agreements that meet certain basic requirements for contract formation are, indeed, enforceable.
