Finding Good Faith and Fair Dealing In Entertainment and Sports Relationships
August 30, 2005
Contractual interpretation can be a thorny business. Yet it pales in comparison to the treacherous waters that surround supposed duties nowhere to be found in the language of a contract -- and that may never have been negotiated or discussed by the parties. For many entertainment and sports professionals, the most significant and far-reaching of these implied duties is the duty of good faith and fair dealing that courts read into every contract. As straightforward as the obligation sounds when described in general terms, it can be vexing to determine what particular conduct it may require in specific situations. What's more, the reported decisions construing the obligation tend to be highly fact-dependent, thus providing only limited guidance.
First Vioxx Ruling
August 30, 2005
Merck & Co., founded in 1891, has a slogan -- what it calls its "guiding philosophy." That philosophy is, "patients first." In the first of many Vioxx trials expected to be litigated in state and federal courts across the country, the jury wasn't buying it. On Aug. 19, after a month-long trial, ten out of 12 jurors -- the number needed to return a verdict of guilty -- found Merck liable to the plaintiffs, survivors of a man who took Vioxx for pain relief. The damages award was staggering: $24.5 million in economic losses and compensation for mental anguish and $229 million in punitive damages.
Software Review: Needles Case Management Software
August 30, 2005
Javerbaum Wurgaft Hicks & Zarin is a tort litigation firm based in Springfield, NJ. The firm consists of six partners, associate attorneys, and support staff. We have used the Needles Case Management Software System since 1991 (at that time, it was called PINS, which was the DOS-based version of the program). The firm, at the time, was looking for a program that would organize the office and streamline casework. We were swamped with paper files and though we had a case flow, it was disorganized. Today, with 20 people in the office using the Needles program to manage cases, our firm is more organized than ever before.
Electronic Discovery Market Takes Leap
August 30, 2005
e-Discovery services have come a long way in just a couple of years as a technological medium and a legal service, according to a recent comprehensive and authoritative survey of the genre.
Corporate Compliance And How It Relates To Litigation Data-Management
August 30, 2005
If we counted a penny for every general counsel, chief information officer or information-technology director who laments the passing of the regulatory-agency laissez faire policies of old, we'd give Donald Trump a run for his money. The simple truth is, there is no going back -- Sarbanes-Oxley, Gramm-Leach-Bliley, the Safe Harbor Protection Act and European Data Protection Directive -- they're all here to stay.
The Increasing Importance of Corporate Minutes
August 30, 2005
As corporate scandals continue to dominate the financial press, the actions taken by members of corporate boards of directors are under attack by the civil class action bar, the Securities and Exchange Commission, federal prosecutors, and state regulators. As the activities of board members are increasingly subjected to challenge in civil and even criminal proceedings, the existence of a clear record of the board's activities has become an increasingly critical element in establishing a corporation's decision-making process. Thus, boards of directors should take a fresh look at how their decision-making process is described in corporate minutes to ensure that the minutes will permit the directors to defend the actions taken in the boardroom, as well as to demonstrate that the directors have performed their oversight duties with appropriate care.
Inside <i>Grokster</i>
August 18, 2005
The Internet industry has had a little time to sit back and examine the U.S. Supreme Court's decision in the <i>Grokster</i> case, pondering its true meaning and its impact on technology and software developers as well as the entertainment industry. In this virtual roundtable discussion, members of <i>Internet Law & Strategy</i>'s Board of Editors and other Internet law experts chime in with their thoughts. I think you'll find these comments insightful and raise the issues that the industry faces in the wake of <i>Grokster</i>.
Inducement Theory In <i>Grokster </i>Leaves Unanswered Questions
August 18, 2005
In <i>MGM Studios, Inc. v. Grokster</i>, the Supreme Court decided that the defendants could be held liable for copyright infringement perpetrated by the users of their respective software. Rather than clarifying the "significant non-infringing use" standard from <i>Sony Corp. of America v. Universal City Studios, Inc.</i>, to determine whether the defendants could be held liable for distributing a product with knowledge that it could be used to infringe, the Court utilized an alternative approach of finding liability. Turning to common law precedent and patent law, the unanimous Court held that liability may be based on purposeful, culpable expression under an inducement theory of secondary infringement. While some of the potential implications of this decision can be predicted, the full effect will not likely be clear for some time.
CD: Research and Surveys: Marketing's Most Underutilized Tools
August 18, 2005
In our industry surveys and research are performed to address timely and relevant issues, trends and data meaningful to today's lawyers, marketers and industry professionals and to gather information on the best and brightest in the legal profession. While surveys attempt to capture current trends in business and attitudes and can be used to increase your business development knowledge, examine trends in the industry so you are two steps ahead of the game, research comes in many forms and is today's smartest way to gain competitive intelligence. Before the television ads, before the radio spots, before the magazine spreads, even before the colorful brochure, comes the research and surveys. Two key and often over looked components valuable to every marketing campaign.
