Features
A Madness to the Method? The Impact of Bilski on Method Patents
For more than a year, the software/information technology, financial, and even biotech industries, along with the patent bar, waited for the Supreme Court to weigh in on the issue of business methods and patent-eligible subject matter under ' 101 of the Patent Act. In its recent decision in <i>Bilski v. Kappos</i>, the Supreme Court provided an answer for the business method claimed by Bilski, but not a lot of detailed guidance for future cases.
Features
Policing Workplace e-Mail Use
On-the-job Internet surfing has become a problem that employers can no longer ignore. A recent Office of Inspector General investigation, for example, revealed that senior-level SEC staff, including an attorney, used their workplace computers to view online pornography for up to eight hours per day during the period of time that led this country's biggest economic meltdown since the Great Depression.
Features
Technology in Marketing: Developing a Team-Authored Blog
Publishing a blog can be time-consuming for an individual attorney when done right. One solution: Publish a blog in collaboration with other attorneys in the same practice area.
Features
Employer's Review of Text Messages on Company Pager Reasonable
In a closely watched case and in a nearly unanimous decision, the U.S. Supreme Court has held that the City of Ontario, CA, Police Department did not violate the Fourth Amendment privacy rights of its employee when it audited text messages he had sent and received on a department-issued paging device.
Features
Policing Workplace e-Mail Use
Under what circumstances do employees who use a workplace computer to communicate with their attorneys waive the attorney-client privilege that would normally attach to such a communication? A recent ruling from New Jersey addressed this question.
Features
Sharing Courtroom Insight and Legal Relays for Professional Success
CourtroomInsight.com and LegalRelay.com both launched at LegalTech New York in February. They are growing by encouraging users, as well as experts and vendors who can benefit from the reviews, to take advantage of their respective "freemium" models. The unrelated sites allow visitors to post and read reviews for free, but offer enhanced positioning and descriptive information to paid subscribers.
Features
Providing IT with Pertinent Support Information
What is the first step that an end-user should consider when in technical distress? My first suggestion to that end-user is the time-honored, well-known and often irritating ' reboot.
Features
Obtaining Assent in Today's e-Conomy
A growing number of courts have addressed the validity of contracts purportedly created through Web-based transactions. While the judiciary has produced mixed results in this area, a few trends have emerged ' notwithstanding the nuances presented by online transactions.
Features
<b><i>BREAKING NEWS:</i></b> Federal Judge Hands Google Victory in Viacom's $1 Billion Suit Over YouTube Content
A federal judge handed Google Inc. a major victory on June 23 by rebuffing media company Viacom Inc.'s attempt to collect more than $1 billion in damages for the alleged copyright abuses of Google's popular YouTube service.
Features
Hiring a Web Site Developer: Top 10 Tips
Whether your firm is redesigning its existing Web site or creating its first site, hiring a developer can be an expensive and time-consuming undertaking. To make your redesign/development experience rewarding and to avoid misunderstandings, outline the scope of your project before obtaining proposals from Web site design firms.
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- Coverage Issues Stemming from Dry Cleaner Contamination SuitsIn recent years, there has been a growing number of dry cleaners claiming to be "organic," "green," or "eco-friendly." While that may be true with respect to some, many dry cleaners continue to use a cleaning method involving the use of a solvent called perchloroethylene, commonly known as perc. And, there seems to be an increasing number of lawsuits stemming from environmental problems associated with historic dry cleaning operations utilizing this chemical.Read More ›
- 'Insurable Interest' and the Scope of First-Party CoverageThis article reviews the fundamental underpinnings of the concept of insurable interest, and certain recent cases that have grappled with the scope of insurable interest and have articulated a more meaningful application of the concept to claims under first-party property policies.Read More ›
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- The Powerful Impact of The Non-Foreclosure Notice of PendencyRPAPL ' 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 ex parte 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.Read More ›