Movers & Shakers
April 27, 2007
News about the people leading the e-commerce industry.
<b><i>Practice Tip:</b></i> Managing Your Metadata
April 27, 2007
New amendments to the Federal Rules of Civil Procedure ('FRCP') identify electronically stored information, tangible and intangible, as discoverable (relevant, non-privileged) information. This altered landscape, which took shape when the existing rules were amended and the amended rules took effect in December, is one that e-commerce enterprises must size up and become familiar with.
Shield Your Firm From Cybercrime
April 27, 2007
Everyone today is on high alert about the threats of Internet fraud, identity theft and white-collar crime ' or if not, they should be. Internet criminals are constantly cultivating new tactics, and law-enforcement agencies are doing everything they can to head them off.
The Death of a Salesman ' Online
April 27, 2007
The situation is no better in today's competitive international and online economy than in 1949 when Arthur Miller penned his masterpiece 'Death of a Salesman' ' bleak and unforgiving. Whatever he or she might feel about a customer, the sales representative must follow the basic rule of sales: The customer is always right (even when the customer is wrong). With better and more readily accessible knowledge of competing sellers' pricing, customers can comparison shop for the lowest price almost without cost or delay. The lure of a slightly lower price online can make a customer forget the service and support that a good rep can provide. And all the goodwill established by the rep's prior work pales next to a slight price break, from the customer's perspective.
The Expansion of Product Liability Theory
April 26, 2007
Depending on the source cited, California's expanding economy ranks in size, worldwide, anywhere between six and 10, if California were a country in and of itself. <i>(www.en.wikipedia.org/wiki/economyofCalifornia#endnote_worldranking)</i> California's position as a stand-alone economy may be matched as a stand-alone jurisdiction if recent appellate and trial court decisions permitting the expansion of the product liability theory to claims of environmental damage are upheld.
The RED ZONE
March 30, 2007
Ever wonder how outside counsel is selected? Their decision making process is often complex, involving multiple concerns and pressures. Lawyers and marketing professionals need to identify what they are up against and how to improve the selection challenges. We will be focusing on these components for several weeks.
Marketing Training for the Next Generation of Rainmakers
March 29, 2007
The practice of law has seen many changes in the past 10 years. The profession has changed to become more client focused, associates are entering at higher salaries, and firms are pressured to be more efficient. All this adds up to the necessity for new associates to be productive sooner — and that includes developing business. However, young lawyers do not learn how to develop clients during law school. They learn to research, cite cases, and think logically, but they do not learn the practical skill of getting and keeping clients. This must be taught by senior lawyers, outside consultants, or others responsible for training.
Exploring the Status of the Obvious Danger Doctrine in Failure-to-Warn Cases
March 28, 2007
Traditional tort law principles provide that product manufacturers and sellers have a duty to warn of hidden risks that pose a danger to product users. As a corollary, courts generally hold that manufacturers and sellers have no duty to warn consumers of obvious dangers inherent in the product. Consequently, most judges have left to the jury the question of whether the danger of injury from a product is obvious. Against this backdrop, a recent decision has cast doubt on the accepted notion that obviousness is necessarily a question for the jury. Specifically, the Supreme Court of Michigan held in <i>Greene v. A.P. Products, Ltd.</i>, 717 N.W.2d 855, <i>reh'g denied</i>, 720 N.W.2d 748 (Mich. 2006) that, as a matter of law, hair oil posed an open and obvious danger to consumers that negated any duty to warn that the product could kill if ingested or inhaled.
