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First Amendment Must Yield to Child Pornography Law
May 01, 2004
Facing its first constitutional challenge to the Florida Computer Pornography and Child Exploitation Prevention Act of 1986, the Florida Court of Appeals recently scored a victory for child protection advocates and law enforcement
The Dangers Of e-Recruiting
May 01, 2004
The efficiency, ease and convenience of online recruiting and interviewing have made for instant hiring success among companies in all industries employing this effective, low-cost, easy-to-use, flexible staffing method. <br>But, as with all technologically delivered gains, online recruiting can have some drawbacks, and knowledge of these and preparation for dealing with them in the event they pop up will help to ensure e-commerce enterprises a fruitful ' and low-liability ' undertaking.
e-Commerce Docket Sheet
May 01, 2004
Recent court rulings in e-commerce.
Licensing's In ... Lawyer's Out
April 30, 2004
Licensing is too important to be left to lawyers. Or so goes the current thinking at Hewlett-Packard Development, L.P., where the only thing less popular than a long-lasting inkjet cartridge is an attorney brainstorming royalty deals.
<b><i>Practice Tip:</b></i> 20 Surprisingly Simple Ways To Spruce Up Your Web Site
April 29, 2004
Have you been looking at your Web site thinking it's time for a change? Want to make sure you are getting the most out of your Web site investment? Here are 20 simple ways you can spruce up and enhance your site, without breaking the bank in the process.
The Kensington Wi-Fi Finder: Now You Find It, Now You Don't!
April 29, 2004
This little device would seem to come in handy in finding the hot spot zones without the necessity of taking out our laptops and powering up to see if we can connect. But when put to the test, it seems that Kensington has a few more hours of development in its schedule to make this thing give us a proper result!
The 'New Normal': SARS Liability Implications
April 27, 2004
Without disease and illness, there would be no need for life science companies or the products that they develop. Some modern maladies and ailments present more challenges than opportunities for biotech and medical device firms. Severe Acute Respiratory Syndrome (SARS) and comparable pathogens present medical device and life science manufacturers with new and daunting risks. One such peril lies in the realm of product liability.
News from the FDA
April 27, 2004
The most recent news from the agency.
Life Insurance and Divorce
April 22, 2004
Life Insurance is an important matter in most divorces. There are a host of issues that are not addressed in the typical negotiation. Consider the following sample insurance clause from a Property Settlement Agreement (PSA): <i>The husband shall maintain life insurance for the wife having an aggregate death benefit of $250,000. Said obligation shall be terminated if the husband's obligation to pay alimony is modified/terminated. The husband shall maintain life insurance having an aggregate death benefit of $250,000 for the benefit of the unemancipated children. Said benefit shall be reduced by $75,000 upon the emancipation of the first child and again upon the emancipation of the second child. The obligation to maintain any life insurance for the children shall terminate upon the emancipation of all Three (3) children.</i>
Arbitration Gains Acceptance as a Means of Resolving IP Disputes
April 01, 2004
Intellectual property disputes typically have been resolved through litigation rather than arbitration. Litigators have seen arbitration as a dispute resolution method geared at matters of private contract. Because intellectual property's very existence has been a product of public policies supporting invention, branding and creativity, the courts have seemed to be the more appropriate locale to handle these disagreements. In the last 20 years, however, arbitration has received increasing attention as an acceptable method of resolving intellectual property disputes.

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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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  • "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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  • 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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