Utilizing CAN-SPAM Provisions To The Best Advantage
July 27, 2004
When, in December 2003, U.S. companies were given only a few weeks to become compliant with the newly-enacted CAN-SPAM Act, many companies may have hastily implemented compliance programs in order to get up to speed by the time the Act became effective on Jan. 1, 2004. However, many companies may not have looked for ways to benefit from some of the Act's lesser-known provisions and, in fact, some wrinkles inherent in the Act. A careful review of the details of the Act will reveal ways companies can utilize its provisions to their best advantage.
Reexamination As An Alternative To Litigation
July 27, 2004
One of the main concerns of many companies is the ever-increasing cost of patent enforcement. The probative costs of patent litigation can have a chilling effect on innovative businesses and can result in forced settlements, ie, entering settlement rather than incurring attorneys' fees, costs and lost employee time. So the question is: if your company faces the prospect of defending a patent infringement action, is there an alternative to the expensive and time consuming process of litigating a patent in federal court?
Ethereal Asset
July 07, 2004
In the past 10 years intellectual property lawyers have become the profession's "it" boys and girls, if not quite rock stars. Law firms want to acquire them and are willing to pay them handsomely. Law students see IP as their meal ticket. And, most importantly, corporations want to retain them, as executives have begun to realize that ' in the words of Federal Reserve Board chairman Alan Greenspan ' "the economic product of the United States has become predominantly conceptual." <br>Intellectual property law is the container that creates value for Greenspan's conceptual assets ' stuff like biotechnology discoveries and circuitry design that is hard to create but comparatively easy to duplicate. IP lawyers are the enforcers of this peculiar brand of law, and frequently they are also the managers of this peculiar brand of asset. IP lawyers are in the catbird seat ' highly desirable free agents as firms chase talent, and highly sought-after corporate counselors. Can the good times last forever?
10 Reasons Why Delaware is the Leading Formation State
July 01, 2004
Delaware, with over 500,000 domestic corporations, LLCs and other entities ' including more than 50% of the country's publicly traded corporations and 58% of the Fortune 500 ' is without question the leading formation state in the country. According to the "Delaware's Business Entity Laws" seminar currently running as part of CT Corporation's 2004 seminar series, there are numerous reasons why business owners, managers and lawyers choose Delaware.
Employers On Alert!
July 01, 2004
On June 14, 2004, the United States Supreme Court decided a sexual harassment case that has consequences for nearly every employer, regardless of industry. <br>What the Supreme Court did in <i>Pennsylvania State Police v. Suders</i>, however, was to unequivocally establish that Title VII applies when employees are forced to quit for unlawful reasons (constructive discharges) and that the degree of a supervisor's involvement in a hostile environment may be all that stands between strict liability and a trial over whether the employer had effective policies and procedures to address harassment.
Much Ado About Very Little: Revised Overtime Pay Regulations
July 01, 2004
The publicity and Congressional reaction surrounding the United States Department of Labor (DOL)'s proposed changes to the overtime pay regulations suggests that those modifications would result in a radical departure from the existing state of the law. An objective review of the changes, however, as initially proposed and as finally implemented reveals that the DOL actually did little to alter the legal landscape.
The ICEman Cometh: How to Avoid Being Put On the 'Spot'
July 01, 2004
Concerns about domestic security post-9/11, fear that immigrants are moving here to take jobs away from "real" Americans, worries that foreign workers trained here will then "offshore" their positions ... all of these factors have nudged the federal government to more strictly scrutinize U.S. corporations' use of foreign-born talent. <br>The cornerstone of this scrutiny is the Worksite Enforcement Program, administered by the Department of Homeland Security's Bureau of Immigration and Customs Enforcement (ICE). This program is often referred to as the "spot visit program."
An Alternative Fee <i>Meal</i>odrama
July 01, 2004
A witty, punny tale with a moral ' partners and general counsel are after the same thing: Quality legal work at lower cost, with profitability (and a good meal).
The Powerful Impact of the Non-Foreclosure Notice of Pendency
June 30, 2004
RPAPL ' 1331 and RPAPL ' 1403 Notices of Pendency are requisite elements for foreclosing a mortgage. <i>See, Chiarelli v. Kotsifos</i>, 5 A.D.3d 345 (a notice of pendency is a prerequisite to obtaining a judgment in a mortgage foreclosure action); <i>Campbell v. Smith</i>, 309 A.D.2d 581, 582 (a notice of pendency is required in a foreclosure action under RPAPL Article 13). In contrast, an <i>ex parte</i> CPLR Article 65 Notice of Pendency (the "Notice") is not required but it is a significant tool in an action claiming title to, or an interest in or the use or enjoyment of, another's land. The filer does not have to make a meritorious showing or post a bond. Article 65 provides mechanisms for the defendant-owner to vacate the Notice that caused an unilaterally imposed restraint on its realty. But, recent case law establishes the near futility of such efforts if the plaintiff has satisfied the minimal statutory requisites for filing the Notice.
Best of the Best Practices in Corporate Governance
May 27, 2004
This article summarizes certain best of the "best practices" in corporate governance, including those standards that have been implemented by many of the corporations at the forefront of governance reform.
