The FTC's New Endorsement Guides
October 28, 2009
The FTC's new guidance makes it clear that companies that are involved in encouraging a message about their products or services in non-traditional media, such that they are essentially sponsoring the messages, even if by consumers or celebrities, will be responsible as the advertiser for the message. Although the FTC acknowledges the limited ability in social and other evolving media to clear and control these types of messages, it places the burden of the risk on both the sponsor and the speaker.
Sharpening the Focus on Legal Technology: 2009
October 28, 2009
For the past nine years, the <i>InsideLegal.com/ILTA Member Technology Purchasing Survey</i> has been a breath of fresh air for lawyers, law firms and law departments looking to base technology decisions on solid data rather than on anecdotes. 2009 is no exception, and the survey comes at a unique time of economic difficulty where solid data about what is happening in the market is especially elusive and valuable.
Addressing Corrupt or Damaged Document Issues
October 28, 2009
An attorney's words are his or her livelihood. Beyond the research, and knowledge of the law, all of that information has to go somewhere. And generally, it goes onto paper, or from the spoken word to the judge, jury, opposing counsel, client ' you know the rest. Let's focus on what you've put on paper and how <i>not</i> to have to re-type anything should a document become corrupt.
The Sorcerer's Apprenticeship
October 28, 2009
Apprenticeships for new lawyers sound promising and the firms that are implementing them should be commended. However, under the current system of legal education and private practice, this model may not be realistic for most law firms.
A New Leadership Model Is Needed
October 28, 2009
Before firms can address the changes they need to make in their management and leadership, they must identify and understand the trends and issues that have developed, and the challenges they are creating. The list is extensive.
Linking Autism Injuries to Childhood Vaccines
October 26, 2009
Does the Vaccine Act preempt all design defect claims in state and federal court? Parents convinced that their children's autism has been caused by inoculations, and their attorneys, recently achieved a surprising victory on the issue when the Georgia Supreme Court ruled that a plaintiff's design defect claims are not barred by the Vaccine Act's preemption clause.
Children's Products
October 26, 2009
A manufacturer cannot assume that just because its product is in compliance with the CPSIA, the product is also in compliance with California's statutes, or vice versa. Ultimately, only a product-specific analysis can determine whether a product that complies with the CPSIA is also compliant with California's AB 1108 and Proposition 65.
Lessons Learned: The DOJ's Crackdown on Hiring Practices
October 26, 2009
Over the past several months, the DOJ has begun investigating several leading technology companies for possible violations of the antitrust laws. One focus of the multi-faceted investigation is whether certain companies have violated antitrust laws by agreeing among themselves not to recruit one another's employees.
Document Retention and Spoliation
October 26, 2009
Corporate counsel should note recent legal developments surrounding spoliation ' the destruction or significant alteration of evidence, or the failure to preserve property for another's use as evidence in pending or reasonably foreseeable litigation. This violation occurs when one party intentionally or negligently breaches its duty to preserve potentially discoverable evidence.
Corporate Internal Investigations
October 26, 2009
While companies conduct internal investigations for many reasons, the results of these investigations are often shared with the government. But the disclosure required by that cooperation leaves open the real possibility that the attorney-client privilege and the work product doctrine may be waived.
