The Trials and Tribulations of Locating Expert Witness Talent
February 28, 2011
A case lost, repealed or rejected because of experts is far more common than it should be, and is often caused by attorneys hiring inappropriate or underqualified experts to testify for e-commerce and other types of enterprises, or by hiring no experts.
Building Your e-Commerce Company Wisely From the Start
February 28, 2011
For entrepreneurs, the movie <i>The Social Network</i> teaches one clear lesson (for which the movie ticket, even with popcorn and parking, will be far less expensive than a real-world fight with one's partners): The failure to properly document the ownership of a new company leaves the door open for all involved to spend thousands of dollars in legal fees to sort the mess out later.
Closing the Profit Motive in the CAN-SPAM Act
February 28, 2011
Recently, a number of small entities and e-mail service providers have sought to use the CAN-SPAM Act to profit from the receipt of spam, but have faced increased scrutiny from federal courts. This article discusses the CAN-SPAM Act generally, some notable spam judgments, and recent decisions interpreting the standing requirements under the federal statute.
Florida's Over-Regulation of Attorney Speech
February 27, 2011
It started with what probably sounded like a good idea at the time: a 2008 effort by the Florida Bar to amend the state's baroquely detailed attorney advertising rules to account for the ways in which attorneys use Web sites. But it went too far.
'Tell Me More'
February 27, 2011
What do you do for a living?" If you answer with a conversation-killing noun as opposed to a brief, leading, and engaging phrase, the opportunity for rainmaking is thwarted before it ever has a chance to begin. But it doesn't have to be this way.
FDA Enforcement Against Pharmaceutical Companies in the Product Promotion Arena
February 27, 2011
In his "Reason in Common Sense, The Life of Reason (Vol. 1)", George Santayana wrote: "Those who cannot remember the past are condemned to repeat it." We all can benefit from reviewing the lessons learned from past mistakes, whether committed by ourselves or others. The medical device industry would be well-served in heeding Santayana's warning; review of the Food and Drug Administration's enforcement in the pharmaceutical promotion area could offer insight into how it might minimize…