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Drug & Device News
July 31, 2007
Everything you need to know.
Telemedicine, Pharmaceuticals and the License to Practice
July 31, 2007
When a patient receives substandard care from a health care provider practicing telemedicine from a different state, the question is presented: Which state has jurisdiction over the transactions? The answer to this will depend on the two (or more) states involved and the circumstances of the case, but in the civil context it will generally come down to the usual questions of 'minimum contacts,' the parties' expectations, etc. What happens, though, when local prosecutors wants to hold a practitioner in another state criminally liable for practicing medicine within their state?
Court Watch
July 31, 2007
Highlights of the latest franchising cases from around the country.
Sales and Service Strategies: Simplicity Is the Key to Selling Legal Services
July 31, 2007
Keep it Simple. It sounds basic and obvious, but it is easy to complicate even the most important things. And how many things are more important than growing your practice? You certainly can be a good lawyer and provide technical excellence, but how will that help you achieve your goals for financial success and job security? Will it enable you to achieve the professional status you desire? Will you command sufficient respect within your firm and among your peers?
Technology in Marketing: 'Best Practices' in HTML E-mail Design
July 31, 2007
HTML e-mail (that is, e-mail with images and formatting as opposed to straight text) remains an excellent tool for attorneys to promote their expertise to a targeted group of clients on a recurring basis in a discrete, professional manner. As more and more law firms embrace e-mail as a marketing tool, it is important that they follow 'best practices' in design and coding to ensure that their e-mail communications generate optimal results. While the discussion may be a bit technical, the considerations discussed in this article are every bit as important as the content in your e-mails.
Internet Music Stream vs. Download
July 31, 2007
If a music file is downloaded to a computer and no one is there to play it, does it constitute a performance? This is not some question from a digital-age freshman philosophy seminar ' it was the legal issue recently facing Judge William C. Connor in the U.S. District Court for the Southern District of New York in <i>United States v. American Society of Composers, Authors and Publishers (ASCAP)</i>, 485 F.Supp.2d 438 (S.D.N.Y. 2007).
IP News
July 31, 2007
Highlights of the latest intellectual property news from around the country.
Perfect 10 v. Google: Ninth Circuit Sanctions Web Site Framing, Online Thumbnail Displays
July 31, 2007
How fast do things change in 'Internet time'? That was in substance one of the questions posed in a recent Ninth Circuit decision in <i>Perfect 10 v. Google</i>, No. 06-55405, 2007 U.S. App. Lexis 11420 (9th Cir. May 16, 2007), which considered, <i>inter alia</i>, whether a less-than-four-year-old fair use precedent validating an image search engine had been overtaken by subsequent events. Not so fast, answered the Ninth Circuit in a lengthy decision destined to provide important guidance to online enterprises on a range of Internet copyright issues.
e-Commerce Docket Sheet
July 30, 2007
Recent cases in e-commerce law and in the e-commerce industry.
Anti-Piracy Program Offers $1M Bounty To Whistleblowers
July 30, 2007
The Business Software Alliance ('BSA') is escalating its software piracy program by offering $1 million for software piracy tips, up from its previous $200,000 reward. The Washington-based alliance, which launched its software piracy information rewards program in the fall of 2005, will offer $1 million for qualified reports of copyright infringement between July and October. The alliance said it has collected $22 million in settlements with hundreds of companies since starting the program. Many tips are from employees who report their company's use of unlicensed software on office computers.

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  • "Holy Fair Use, Batman": Copyright, Fair Use and the Dark Knight
    The copyright for the original versions of Winnie the Pooh and Mickey Mouse have expired. Now, members of the public can create — and are busy creating — their own works based on these beloved characters. Suppose, though, we want to tell stories using Batman for which the copyright does not expire until 2035. We'll review five hypothetical works inspired by the original Batman comic and analyze them under fair use.
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  • Major Differences In UK, U.S. Copyright Laws
    This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
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  • The Stranger to the Deed Rule
    In 1987, a unanimous Court of Appeals reaffirmed the vitality of the "stranger to the deed" rule, which holds that if a grantor executes a deed to a grantee purporting to create an easement in a third party, the easement is invalid. Daniello v. Wagner, decided by the Second Department on November 29th, makes it clear that not all grantors (or their lawyers) have received the Court of Appeals' message, suggesting that the rule needs re-examination.
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