Injunction Upheld on Web-Hosting Firm
February 01, 2004
An injunction preventing a Web-hosting company from accessing a registration service for Internet domains to gain data for mass-marketing has been upheld by the U.S. Court of Appeals for the Second Circuit in <i>Register.com v. Verio, Inc.</i> A two-judge panel upheld the preliminary injunction granted by Southern District Judge Barbara S. Jones in favor of Register.com, Inc., one of 50 companies that act as vehicles for the registration of names in the .com, .net and .org domains.
Total Search: The Answer to Law Firm Productivity!
February 01, 2004
In this age of increased client demand for greater efficiency when it comes to legal services, coupled with the ever-facing challenge of firms dealing with competitive market pressures and ever-declining revenues, the legal professional faces the dilemma to give the client a higher return on his legal investment dollar! But how can technology help to solve this ever-increasing problem? One way in finding a solution is about to come forth from a well-established 30-year-old firm - LexisNexis. The company has put forth an all-encompassing solution that should allow the legal market a chance to be an even brighter and shinier star to its clientele. The program is designed to provide added value to the legal researcher and share their firm-wide knowledge within and across hitherto disconnected boundaries!
Practice Tip: <B>Some Seriously Serious Computer Forensics Tools</b>
February 01, 2004
In-house and outside personnel are increasingly on the lookout for software tools they can use themselves to work with electronic discovery. A plethora of tools is available today, ranging from software solutions intended to be used only by properly trained computer forensics specialists to ones any of us can load on our machines and begin working with after only minimal instruction. This article focuses on two packages that fall squarely within the first group: EnCase Forensic Edition, and the Ultimate Toolkit. According to Jeremy Wunsch, Director of Data Forensics at Lucidata, LLC, and president of the Minnesota Chapter of the Information Systems Forensic Association, these are the two leading computer forensics products for the private sector.
Case Briefing
January 13, 2004
Recent rulings of importance to you and your practice.
The Litigation That Will Not Die
January 13, 2004
Fen-Phen litigation is entering a critical phase that promises to be at least as complex and contentious as anything that preceded it. The national settlement that was supposed to buy peace is now smack in the middle of the storm that swirls, as always, around Wyeth. Claims against the Madison, NJ-based drug manufacturer are moving slowly through the $3.75 billion trust Wyeth funded to compensate people whose heart valves were damaged by its diet drugs. Lawyers and clients have been highly critical of the delays.
News from the FDA
January 13, 2004
The latest news of importance to you and your practice.
Keep from Drowning in the Sea of Mass Torts!
January 13, 2004
In order to avoid drowning in the sea of mass tort litigation, drug and medical device companies must aggressively and "offensively" defend these actions -- and do so as soon as the mass tort litigation emerges. Critical to stemming the mass tort tide is an understanding of the factors that drive the filing of these actions against pharmaceutical and medical device companies: 1) the ease with which controversial issues relating to drugs and medical devices can be recognized; and 2) complicated causation issues. Armed with that understanding, the single most important pre-trial goal for any defendant must be the early exposure of frivolous claims based on tenuous causation and junk science.
Are Public Nuisance Lawsuits Against the Handgun Industry Gaining Ground?
January 01, 2004
Much has been written about the many lawsuits initiated by municipalities against the handgun industry. They are premised on the claim that the gun manufacturers and distributors saturate the market and fail to prevent their retailers from selling to persons who might resell to criminals. <i>See, e.g.,</i> Lawrence S. Greenwald, <i>Municipalities' Suits Against Gun Manufacturers ' Legal Folly,</i> 4 J. Health Care Law & Policy 13 (2000). Plaintiffs typically seek both damages and injunctive relief that would change industry marketing practices. The gun industry has challenged the legal sufficiency of the lawsuits on multiple grounds, with the majority of courts that have considered these issues dismissing the lawsuits. Recent developments, however, suggest that the pendulum may be swinging back in the governmental plaintiffs' favor.
Discovery of Trade Secrets: What Constitutes Protected Information?
January 01, 2004
<i>Part One of a Two-Part Series</i> In a technology-driven economy, the threat to trade secret and propriety information is real and visceral. A recent survey estimated that theft of this information resulted in losses of more than $50 billion to the responding companies, which included Fortune 1000 corporations as well as small and midsized businesses, for the year ending June 30, 2001. The American Society for Industrial Security (ASIS) and PriceWaterhouse Coopers, <i>Trends in Proprietary Information Loss: Survey Report</i> (Sept. 2002). It is perhaps only natural that this threat should find its way into litigation, particularly product liability litigation. Discovery in these cases typically involves the production of some of the product manufacturer's proprietary and technical information. More recently, however, claimants have sought the manufacturer's trade secrets — highly confidential information at the heart of the company's business. The responding manufacturer objects to this discovery as causing irreparable harm if disclosed, and the battle lines are drawn.
Executive Committees' New Role: Focus on Integration
January 01, 2004
Information Resources (formerly called the Library in most firms) and Marketing/Business Development now must form a union to help the firm's senior management with strategic positioning, competitive analysis and revenue generation through firm strategic intelligence. The time for dotting the "I" in Information and crossing the "t" in Marketing has come. It is no longer enough to obtain information about a client.
