A Primer on Custody Issues in Pennsylvania and Beyond
May 03, 2005
Custody matters are addressed to the court, either as an initial Petition regarding custody, or as a Petition to Modify an existing custody order. Custody petitions may be brought by a parent, and under certain circumstances by a grandparent or by a third party. "It is axiomatic that in custody disputes, 'the fundamental issue is the best interest of the child.'" Charles v. Stehlik, 560 Pa. 334, 339, 744 A.2d 1255, 1258 (2000), quoting <i>Ellerbe v. Hooks</i>, 490 Pa. 363, 416 A.2d 512, 513 (1980). "Custody cases are unique in that they involve disputes between two people (generally parents) regarding the upbringing of their children. There is little applicability of substantive law from other fields into custody cases. Custody law and analysis will not be applied in situations other than those regarding children." <i>DeSanctis v. Pritchard</i>, 803 A.2d 230, (Pa. Super. 2002) (custody of a dog).
Electronic Waste Recycling Laws Challenge the Leasing Industry
May 02, 2005
An increasing number of state legislatures are deciding that there is a need to recycle computer components and other electronic waste, also known as "e-waste," and thus are proposing diverse laws intended to encourage or require such recycling. Equally diverse, to the point of creating conflicts and confusion, are the ways in which the various state legislatures propose to raise the funds to pay for such programs. Two states, California and Maine, have enacted such legislation and, at press time, 14 states have proposed such legislation. On Jan. 1, 2005, California's law was the first to go into effect. This article describes the Equipment Leasing Association's policy on legislation requiring advanced recycling fees. The article reviews California's new e-waste law and highlights some of the concerns to the leasing industry with regard to California's law.
Internet Usage Threatens Existence of Concurrent Use Registrations
May 02, 2005
In a rare concurrent use decision, <i>Hubcap Heaven, LLC v. Hubcap Heaven, Inc.</i>, Concurrent Use No. 94001147 (Jan. 25, 2005) [not citable], the Trademark Trial and Appeal Board ("TTAB") questioned the continued viability of concurrent use registrations in the face of the Internet's global reach. Concurrent usage is based on the premise that two owners of the same trademark for competing goods and services can coexist by carving out strict geographic territories for each user. The Internet, however, has no geographic boundaries.
IP News
May 02, 2005
Highlights of the latest intellectual property news and cases from around the country.
Time to Replace Your Accounting Software?
April 29, 2005
Changes in business strategies, rising client demands, and technology advances all have made a law firm's choice of accounting software an ever more important management decision. Five years ago the Y2K scare led many firms to upgrade or replace their accounting systems out of perceived tactical necessity. Now, however, an assessment of your accounting software should be strategic: how well does it support your overall business objectives?
<b>Meyerowitz on Marketing</b>The Law Library Meets Marketing and Technology Head On
April 29, 2005
Librarians who have begun to work relatively recently in law firms probably never have participated in a "shifting party" or in any similar event. That's because the nature of the law firm library ' and thus the librarian's role ' has undergone revolutionary change over the years. There still are books, at least some books, in today's law firm libraries, but Internet connections and CD-ROMs often seem to be just as prevalent and, perhaps, are actually even more important.
Case Briefs
April 28, 2005
Highlights of the latest insurance cases from around the country.
Net News
April 28, 2005
Recent developments of note in the Internet industry. This month:<p>Music Industry Expands Piracy Lawsuits to Asia <br>Senators Eschew Historical Tax for Internet <br>Lawmakers Introduce Bill to Extend Internet Tax Ban<br>Congress Moving to Tackle Spyware Problem<br>Judge Sentences Spammer to 9 Years
Cable Spars Over Fast Internet Before U.S. Supreme Court
April 28, 2005
The U.S. cable industry and the government fought Internet service providers before the Supreme Court last month over whether cable high-speed Internet lines must be opened to rival Internet providers. <br>At issue is an appeals court decision last year that said cable high-speed Internet service, known as broadband, has a telecommunications component and therefore is subject to traditional telephone network access requirements.
