The National Law Journal 1995 |
Title | Subject | Authors |
1995 software compendium. (Legal Tech) | Law | |
7th Circuit streamlines arbitration; a recent federal court decision may limit pre-arbitration litigation and forum-shopping. | Law | George Brandon |
A conservative plea to save LSC. (US Legal Services Corp.) | Law | Bruce W. Kauffman |
Act provides civil remedy for violence; under the new Violence Against Women Act, victims of gender-bias crimes may bring civil rights suits in state and federal court. | Law | Julie Goldscheid, Susan J. Kraham |
ADA guidance issued for interviews: new EEOC guidelines should help employers develop permissible questions for job applicants. (Americans with Disabilities Act of 1990, Equal Employment Opportunity Commission)(Corporate Counsel) | Law | Michael C. Lynch, Karen E. Baillie |
ADA places employers of mentally ill in a bind; companies risk violating the disabilities act if they dismiss a worker who may be dangerous. (Americans with Disabilities Act) | Law | Frank C. Morris Jr., Teresa L. Jakubowski |
Addressing implications of digital signatures. (Section of Science and Technology)(ABA Section Reports) | Law | Michele C. Kane |
Adopting strategies for trade secret litigation; counsel should know not only the value of data allegedly stolen, but the resentment behind the claim. | Law | James H.A. Pooley |
Advertising is an IP animal. (intellectual property) | Law | Douglas J. Wood, Melvin Simensky, Elhanan C. Stone |
Advising lawyers of cross-border developments. (Section of International Law and Practice)(ABA Section Reports) | Law | Michael D. Sandler |
A federal voluntary cleanup program could supplement Superfund reform by curbing excessive oversight, which increases remediation costs and delays. | Law | Kenneth Berlin |
Affirmative action still a vital tool for women. | Law | Helen Norton |
A giant-killer should limit scope of attack. (Morgan Chu)(Winning: Successful Strategies from 10 of the Nation's Leading Litigators) | Law | |
Aids can convince jurors by appealing to senses; studies show that jurors retain facts longer when presented in more than one sensory modality.(Trial Technology) | Law | Sue Seif |
A licensee's rights in an original work that secures a loan will hinge on whether and when the security interest was properly perfected. | Law | Thomas F. Smegal Jr. |
Although a firm grays, it can stay in the black; through early and creative planning, law firms can finance their partners' retirement, despite downsizing and revenue reductions. | Law | David M. Bradt Jr. |
Although obligations to arbitrate generally are viewed as requiring consent, in a variety of instances courts have held that non-signatories are similarly bound. | Law | Steven C. Bennett, Frederick E. Sherman |
Amortizing intangibles simplified: a uniform period now applies to most purchased intangibles, including intellectual property and covenants not to compete. (Tax Law) | Law | Stuart M. Finkelstein, Daniel M. Shefter |
A municipal issuer may be responsible if its bonds are deemed taxable, even if the issuer relied on the opinion of legal counsel. | Law | Roger L. Davis, Dean E. Criddle |
Analysis is the answer to attacks on executive pay; defending the reasonableness of management's compensation requires a deft depiction of data.(Corporate Counsel) | Law | Arthur H. Rosenbloom |
Anti-immigrant bill flouts U.N. agreement. | Law | Arthur C. Helton |
Antitrust enters realm of monopolistic rights: courts grapple with the issue of preserving high-tech rights without hindering competition. (Focus on Copyright) (In Focus: Intellectual Property) | Law | Ronald S. Katz, Janet Arnold Hart |
Antitrust redux: Microsoft litigation; the consent decree recalls the landmark litigation between IBM and the Department of Justice. | Law | Jon B. Streeter |
Appeal court decision validates shady deals. (between thrift institutions and government agencies) | Law | Jonathan B. Macey |
A 'procedural' rule seems to authorize the SEC to act despite its commissioner shortage, but it may well be that while two is a commission, three is a quorum. | Law | Philip Allen Lacovara |
A procurement-related rationale is needed to sustain Clinton's executive order prohibiting federal contractors from permanently replacing striking workers. | Law | Ronald A. Schechter, Rosemary Maxwell |
A proposed amendment to U.C.C. Sec. 2-313 would convert some statements of puffery into warranties, shift the burden to sellers and encourage litigation. | Law | Douglas J. Wood |
A protected bar. (Florida Bar's ban on solicitation of accident victims)(Editorial) | Law | |
A provocative lawyer who challenged rules. (William M. Kunstler)(Obituary) | Law | Leon Friedman |
Arbitrating overseas jeopardizes antitrust claims: Swiss panels will not grant relief under U.S. competition laws that contravenes local public policy. | Law | Pierre A. Dahmani |
Arbitration offers alternative to litigation abroad: arbitration clauses, standard in many international agreements, provide a diversity of options.(International Law) | Law | Gary Born |
Arbitration pacts may ease employment disputes; a court may refuse to enforce an agreement, however, if a clause impairs the rights of employees. | Law | Larry C. Drapkin, Brian S. Arbetter |
Arbitration suit asserts constitutional arguments; a plaintiff claims a mandatory process violates her right to a trial. (Duffield v. Robertson Stephens & Co.) | Law | Peter F. Blackman |
Are a donor's wishes sacred? Foundation fights bequest's terms to raise money. (Barnes Foundation) (Pennsylvania) | Law | Lawrence Osborne |
A recent circuit court decision may impair labor's ability to sue multiemployer bargaining units pursuant to the Sherman Act. | Law | Kevin Arquit, Richard Wolfram |
A recent decision holding an online service provider liable for defamation could have far-reaching effects for operators who want to maintain content control. | Law | John B. Kennedy, Shoshana R. Davids |
A recent IRS ruling enables trustees of employee stock ownership plans to vote allocated shares of securities for which they fail to receive voting instructions. | Law | Janice C. Baldwin, Michael D. Gunter |
A Senate bill proposes to gut habeas rights. | Law | George Kendall |
A small firm: moving from sole practitioner to senior partner.(In Focus: Careers) | Law | Raymond E. DiBiagio Jr. |
A sneak attack on open justice. | Law | Arthur Bryant Sir |
As participating loan arrangements gain in popularity, both their originators and participants must be aware of potential conflicts these relationships can create. | Law | Mark S. Edelstein, Joseph F. Kishel |
Assembly software speeds document preparation: advanced computer programs can slash the time and expense of drafting forms and materials.(Law Practice Tech) | Law | Mark J. Morrise |
As Superfund narrows, plaintiffs should pursue other legal remedies; the judicial limits on CERCLA's reach signals that owners should supplement cleanup claims. | Law | Peter Simshauser, Barak S. Platt |
As the number of players shrinks, oversight grows: the mergers of financial institutions give rise to antitrust and fair lending concerns, as well as corporate and structural issues. | Law | Steven Kaplan, Howard L. Hyde |
A time to disrobe to save your honor. (ethics opinion prohibits use of judicial titles by former judges practicing law) | Law | Peter A. Joy |
A transitional chief justice with a contradictory record.(Salute to Chief Justice Warren E. Burger, 1907-1995) | Law | Dennis J. Hutchinson |
Attorneys must be salespeople: they don't tell you this in school, but getting ahead hangs on attracting clients.(In Focus: Careers) | Law | Walter L. Polsky |
Audits are preventive medicine for companies: a thorough inventory today can forestall litigation tomorrow. (Focus on Audits) (In Focus: Intellectual Property) | Law | Michael J. Lockerby |
Automated alternatives are alluring: high-tech research tools such as CD-ROMs and the Web enable librarians to choose the best, fastest or cheapest information source. | Law | Susan O'Toole, Charles Knuth, Kellee Selden-Althouse |
Automation comes to court: in multidistrict and complex lawsuits, computers manage documents and save money. (Legal Tech) | Law | Richard L. Daniels, George E. Berry |
A voice-mail privacy suit is setting off alarm bells: experts say either Congress or the courts need to clear up the confusion about eavesdropping on workplace systems. | Law | Janice Bullard |
Babe Ruth: the sultan of legal cites? Yup. | Law | Jon Caroulis |
Balancing motherhood and the practice of law: the complications can't be lightly dismissed, but it can be done successfully.(In Focus: Careers) | Law | Andrea Greene, Catherine Helm |
Bankruptcy flaws now minimized; the troubling real estate implications of the code, raised, for example, by the Deprizio rule, have been modified by new legislation. | Law | Lester M. Bliwise, Dean S. Benjamin |
Banks selling annuities may cause a turf battle; a Supreme Court decision allows banks to sell certain products traditionally sold by insurers. | Law | Robert M. Hall, Stephen W. Schwab |
Bar debates definitions of its duty; lawyers' professional service responsibility is widely acknowledged, but exactly what the obligation entails is a matter of controversy.(In Focus: Pro Bono) | Law | Esther F. Lardent |
Because securitized mortgages involve public or private offerings of securities, they require a broader range of legal expertise than conventional mortgages. | Law | Walter F. Leinhardt, Mitchell L. Berg |
Biases can be predicted in medical products cases; focus groups and mock trials can help litigators identify jurors' predispositions toward drug and device manufacturers. (Jury Research) | Law | Christy D. Jones, L. Lee Tyner Jr. |
Bias in jury selection continues: despite U.S. Supreme Court rulings, judges give lawyers wide latitude in using peremptories. (Jury Research) | Law | Beth Bonora |
Bifurcation mitigates effect of damaging evidence; separate trials in products cases may curb the harmful effects of testimony on prior accidents and subsequent remedial measures. (Jury Research) | Law | Roderick A. Palmore, Kirk R. Ruthenberg, Andrew E. Porter |
Bill criminalizes copying irrespective of motive. | Law | Cary Sherman, Mark Eckenwiler |
Bills toughen standards for hiring alien workers: legislation seeks more stringent requirements for complying with employment verification rules.(Corporate Counsel) | Law | Carl Shusterman, Scott Laurent |
Biotech patenting issues raise ethical concerns; strong patent regime for human genome research may balance public and private interests.(Intellectual Property, part 2) | Law | Ralph Oman |
Blast rips the legal world; he was daydreaming at a partners' meeting; suddenly the windows blew out. (lawyers affected by bombing)(The Oklahoma City Massacre) | Law | Ann Davis, Gardner Selby |
Blinded by rape myths. (Catchpole v. Brannon) (California) | Law | Lynn Hecht Schafran |
Bloom is off Mudge Rose: with partners deserting, major N.Y. firm may be heading for dissolution. (Mudge Rose Guthrie Alexander and Ferdon) | Law | Edward A. Adams |
Blowing the whistle on environmental violations: the False Claims Act allows pollution claims, a federal judge decides. | Law | John L. Paulus |
Blurry calls for reform. (civil justice reform) | Law | Marc Galanter |
Board examines new measures to trim costs. (The NLRB: On the Job for 60 Years) (National Labor Relations Board) | Law | William B. Gould IV |
'Boilerplate' U.S. contracts often miss the mark: contract drafters should keep in mind that German commercial law protects the weaker party. | Law | Barry H. Nemmers, Michael Bartsch |
Both sides helped to raise doubts. (the O.J. Simpson verdict) | Law | Cheryl Fiandaca |
Brazil's policy initiatives spur privatization plan.(In Focus: International Law) | Law | Andres V. Gil, Fernando Pinheiro |
Breast-feeding murder prosecution draws fire: despite protests and support, no appeal is planned. (drug addicted mother convicted of her son's death) (California) | Law | Norman Bauman |
Burger rulings caused the Simpson circus. (Chief Justice Warren Burger's rulings on media coverage of criminal trials that affect O.J. Simpson case) | Law | Marshall H. Tanick |
Business docket brings justices into unanimity: a rather evenhanded court often found agreement on important, but everyday, business issues.(Supreme Court Review) | Law | Robin S. Conrad |
Business in cyberspace calls for cautious dealings: in light of electronic media's hazy legal status, businesses should be particularly wary of liability. | Law | Diana J.P. McKenzie |
By extending the reach of the Lanham Act to counterfeiting abroad, the courts are providing U.S. companies with another weapon to fight international piracy. | Law | Michael A. Grow, Stephen L. Humphrey |
Calif. law is redefining sexual harassment claims: applicable beyond employees, it lets users and providers of 'professional services' sue over unwanted advances. | Law | Mark France |
'Call-back' companies scrutinized.(In Focus: Telecommunications) | Law | Joseph P. Markoski |
Call to Congress: untangle takings. | Law | R. Randy Lee |
Camera keep justice system in focus. | Law | Ira Reiner |
Canada lays down law to infringers and Disney: company's theme parks enjoy snow-white repute, but good will can't be extended to its hotels. | Law | Sheldon Burshtein |
Cases refine definition of federal powers: three significant decisions this term examined the appropriate role of a central government.(Supreme Court Review) | Law | Ronald D. Rotunda |
CD-ROM developers face licensing hurdles: the use of copyrighted material can lead to success and litigation. (Focus on Multimedia) (In Focus: Intellectual Property) | Law | Robert Steinberg, Alan Sege |
Chapter 11 retailers peril landlords. | Law | David R. Kuney |
China trade accord may protect software vendors; after years of allowing piracy to flourish, China now hopes to meet international standards. | Law | Stanton J. Lovenworth |
Circuits split over means-based awarding of costs; appellate panel holds wealth of parties isn't a factor in assigning fees to a losing Title VII plaintiff. | Law | Jane Leslie Dalton, Paula T. Ryan |
Citadel worth storming. (Citadel military academy) | Law | Deborah Rhode |
Civil rights cases point to more litigation: race-conscious measures have been limited this term, but these decisions only raise more issues.(Supreme Court Review) | Law | Penda Hair |
Client input in case builds healthy relationships: when clients help make strategic decisions, feelings of mutual satisfaction are likely to follow.(Law Practice Tech) | Law | Rosemary T. Patricelli |
Clients generally need a briefing on the process before mediation begins; because many clients may be unfamiliar with the goals of mediation, preparation is key.(Corporate Counsel) | Law | Sara Holtz |
Clinton dooms HUD. (Dept of Housing and Urban Development) | Law | Anthony S. Freedman |
Clinton's not king - war is for Congress. (war powers) | Law | Louis Fisher |
Closing the property rights contract: opponents say the environment and home owners would lose under federal bills. | Law | |
Coal-mine canaries. (law reform and adversarial system in divorce cases)(Editorial) | Law | |
COBRA law damages health care system. | Law | Daniel I. Small |
Cocaine ring defendants want separate trials; appearing with accused Cali drug dealers may taint them, lawyers say. | Law | Dave Lyons |
Commercial licensing adapts to information age: in carrying out transactions in intellectual property, a crucial role is performed by the U.C.C. (Uniform Commercial Code) (Focus on Contracts) (In Focus: Intellectual Property) | Law | Raymond T. Nimmer |
Commercial ventures invoke 'competitive' laws: the use of distributors and sales agents in Europe is subject to E.U. and national antitrust laws. | Law | Geroge L. Bustin, Randall D. Costa |
Companies that fail to make adequate disclosure of potential environmental liabilities under Superfund have become the objects of increased SEC scrutiny. | Law | Lisa J. Sotto |
Complex rules govern going-private transactions: companies should consider the Canadian legal mechanics before taking their subsidiaries private. | Law | Candy L. Saga, Anita I. Anand |
Complying with the Foreign Corrupt Practices Act: because offshore bribes will be prosecuted at home, companies must develop internal controls. | Law | William L. Jennings, Craig A. Gillen |
Computer animation tutors jury; in complex litigation, high-tech graphical presentations help the jury understand difficult issues.(Trial Technology) | Law | Ronald J. Schutz, Martin R. Lueck |
Computer works gain new GATT protection: the Uruguay Round established protection for software and other intellectual creation.(In Focus: International Law) | Law | George L. Graff, Joel A. Goldberg |
Confidentiality comes at a cost. (enforceability of mediation agreements) | Law | D. Alan Rudlin, Kelly L. Faglioni |
Confronting likelihood of massive changes. (Section of Natural Resources, Energy and Environmental Law)(ABA Section Reports) | Law | Philip A. Fleming |
Confusion reigns over wrongful registrations; owners who challenge improper filings may have no recourse. | Law | Monica P. McCabe, Allison J. Wertheim |
Congress needs laws governing legislation. | Law | Alan Charles Raul |
Congress robs its own of due process rights. | Law | Abbe David Lowell |
Congress takes aim at endangered species. (Endangered Species Act) | Law | Tim Eichenberg, Robert Irvin |
Connecticut condemnation law makes tax-exempt bonds revocable, testing the limits of state power to alter contracts by eminent domain. | Law | James P. Marlin |
Conservative fee plans penalize poor clients. | Law | Lawrence J. Fox |
Consolidation is a tonic for health care providers; trend toward managed care and ascent of information technology fuel restructuring of an industry. | Law | Patricia M. Danzon, Paul E. Greenberg, Laura G. Boothman |
Constitutional rights and corporate disclosure obligations clash when an officer or director asserts Fifth Amendment privileges. | Law | Paul J. Curran, Gregory J. Wallance |
Consultants can facilitate automation projects: hiring an independent adviser can be a wise move when firms are upgrading office systems. (Legal Tech) | Law | Pamela Kulsrud, Scott Fisher |
Contingent liability is key issue for new wave of manufacturer M&As; lawsuits stemming from 1980s acquisitions provide invaluable negotiation and drafting lessons. (Corporate Counsel) | Law | Kirk T. Hartley |
Contractor defense may fail to shield businesses; divergent courts have eroded the immunity extended to companies that perform government work. | Law | Raymond B. Biagini, Ray M. Aragon |
Cooperation helps publicists polish a firm's image. | Law | David Stiefel |
Corporate cooperation. (when one of their executives is being prosecuted for white collar crime) | Law | Roger C. Spaeder |
Corporate counsel can handle criminal probes; in-house and outside counsel can work together to navigate pending criminal investigations.(Corporate Counsel) | Law | Robert L. Ullmann |
Corporate secretaries now wear many hats; today's corporate secretaries enhance their importance by performing a variety of duties. | Law | Geoffrey Mynett |
Corporations are paring use of outside counsel: 'outsourcing' and 'convergence' are two techniques that are used to consolidate representation. | Law | Rees Morrison, Michael Roster, Jimmy Holland |
Costs to equality of hate speech. | Law | Kent Greenawalt |
Counterfeiting reaches new levels; organized crime has capitalized on the lack of strong criminal laws both here and abroad.(Intellectual Property, part 1) | Law | Anthony M. Keats, Jeffrey K. Joyner |
Countries and minds meet in the Uruguay Round: the WTO members addressed non-tariff barriers, intellectual property and anti-dumping laws. (World Trade Organization) | Law | Sherman E. Katz |
Countries strengthen insider trading laws: G-7 nations emulate the United States in fashioning laws and enforcing existing regulations.(Corporate Counsel) | Law | Richard S. Biegen, Lionel E. Pashkoff, Paul G. Roche |
Court: is rape by judge a federal crime? As an appeals court releases him, critics say the jurist was untouchable in his state. (Tennessee judge David W. Lanier) | Law | Darcy O'Brien |
Court limits jury's role in patent interpretation; a Federal Circuit decision holds that the construction of patent claims is solely a question of law. | Law | Lawrence Rosenthal, Matthew W. Siegal |
Courtroom jousts now done by committee. | Law | John C. Klotz |
Courts address issue of 'prospective waiver': cases suggest that this defense cannot be used to avoid foreign arbitrations of antitrust claims. | Law | W.H. Levit Jr. |
Courts are shaping law on software patentability; the critical question of whether software is patentable is still evolving in the Federal Circuit.(Intellectual Property, part 2) | Law | Lawrence A. Stahl, Mark A. Williamson, Anne M. Maher |
Courts continue to debate how future claims in mass tort and products liability cases should be handled if they arise after disposition of the debtor's assets. | Law | Paul Steven Singerman, Ilyse M. Homer |
Courts continue to face delicate fair-use issues; the line between plagiarism and criticism is fine, so suits abound.(Intellectual Property, part 1) | Law | Carol Anne Been, Samuel Fifer, Michael R. Lufrano |
Court settles on narrower view of 4th Amendment: majority limits exclusionary rule, permits school drug testing and adopts a bright line on hearsay.(Supreme Court Review) | Law | Ira Mickenberg |
Courts have set differing standards of proof for fear-of-aids lawsuits. Some demand actual or potential exposure; others don't require any exposure at all. | Law | Ffloyd Brantley Chapman, Lawrence P. Rochefort |
Courts now confront online photograph copying. | Law | Michael S. Oberman, Trebor Lloyd |
Courts offer minimal relief to victims of toll-call fraud.(In Focus: Telecommunications) | Law | Richard H. Abramson |
Courts restrict right to freeze a debtor's funds; financial institutions generally may not prohibit withdrawals once an automatic stay is issued. | Law | Marvin E. Jacob, Stephen Karotkin, Michele J. Meises |
Courts should give animals their voice. | Law | Ginny K. Mikita |
Courts split on special deals tied to tender offers: at issue is when stock deals with major shareholders of the target violate Exchange Act rule 14d-10. | Law | Stephen E. Jacobs, Simeon Gold, Angelo M. Ninivaggi Jr. |
Court still ambivalent on redistricting. | Law | Pamela S. Karlan, Thomas C. Goldstein |
Courts unclear whether Internet names infringe; a company may find its mark 'borrowed' by Net-surfers.(Intellectual Property, part 2) | Law | Ray V. Hartwell III, Stephen P. Demm |
Court takes new tack in employment suits; since the late 1980s, the U.S. Supreme Court has drifted away from its pro-employer position. | Law | Bertrand C. Sellier, Felice J. Batlan |
Coverage for sexual misdeeds? Courts have produced divergent results in deciding whether to enforce companies' policies covering sexual misconduct claims. | Law | Geoffrey L. Isaac, Gina M. Brown |
Creative lawyering is key to working with China: when negotiating with Chinese companies, attorneys should try non-traditional approaches.(In Focus: International Law) | Law | Michael J. Coffino, Maria Tai Wolff |
Curbing the high price of protests: proposed reforms, designed to cut expenses for firms and the feds, include a contractors' grievance panel with limited review authority. (procurement reform) | Law | Grace Bateman, Trisa Thompson |
Cyberspace offers a new medium for SEC filings; companies can use the Internet in a variety of ways, but not as a substitute for full disclosure. | Law | Maryann Waryjas |
Damage allocation laws pose threat to fairness; legislation to abolish joint-and-several liability may hurt both plaintiffs and defendants. | Law | Larry S. Stewart |
Damages experts retained early can win cases: an expert hired at the outset of a case can help an attorney in formulating a discovery plan. | Law | John M. Moscarino |
Data bases are a boon to litigators: computer files of responsive documents can get results in large cases when used properly.(Legal Tech) | Law | Thomas C. Willcox |
Data rape: high-tech theft of credit identities; stolen consumer credit reports can produce a nightmare of fraud, harassment and lawsuits. (Corporate Counsel) | Law | David A. Szwak |
Deals using acquirer's share surge. (mergers and takeovers) | Law | Stephen I. Glover |
Dear Mr. Speaker: an open letter. | Law | A. Leon Higginbotham Jr. |
Death penalty adds to our tax burdens. | Law | Jeremy G. Epstein |
Deducting clients' costs will not fly with the IRS. (client, not firm, should claim deduction)(Law Firm Travel) | Law | Robert Mintz |
Defense verdicts: a roundup of major 1994 cases. | Law | |
Deferred-compensation plans make a comeback; retirement plan caps and higher top tax rate resurrect the use of deferred executive pay vehicles.(Corporate Counsel) | Law | Kenneth L. Powell, Mark G. Bosswick |
Design rights afford a basis for injunctive relief: an underutilized patent has become an important part of intellectual property protection. (Focus on Patents) (In Focus: Intellectual Property) | Law | William K. Wells Jr. |
Desktop technology streamlines practice: by sharing knowledge through an electronic deskbook, a firm can improve its productivity.(Law Practice Tech) | Law | Robert Michelson, Robert Blacksberg |
Despite the Supreme Court's 'Kodak' ruling, manufacturers continue to fend off ISO's claims of Sherman Act violations in aftermarkets for parts and service. (independent service organizations) | Law | Andrew J. Frackman |
Developers assert their civil rights: the use of sec. 1983 to challenge local zoning regulations has given property owners new leverage in negotiating with municipalities. | Law | Armentano. John M. |
Digital innovations now challenge legal system: U.S. and foreign governments study the impact of digital technology on existing IP laws. (intellectual property) | Law | Barbara Hoffman |
Digital pirates are plundering performance rights. | Law | Seyamack Kouretchian |
Digital tech may revolutionize global commerce: technological innovations amy facilitate a shift toward the trade of ideas only rather than goods. | Law | Lawrence J. Goffney Jr. |
Directory of law firm pro bono activities.(In Focus: Pro Bono)(Directory) | Law | |
Disabilities Act makes denial of benefits risky: Equal Employment Opportunity Commission scrutinizes clauses on pre-existing conditions. (Corporate Counsel) | Law | Howard Schaffner, Monica E. McFadden |
Do appearances warrant trademark protection? Federal courts are split on the appropriate coverage to be afforded to trade dress.(Intellectual Property, part 1) | Law | Lawrence B. Friedman, Joshua H. Rawson |
Does the Lanham Act apply to color per se? The U.S. Supreme Court will decide whether color alone can be registered as a trademark. (Focus on Trademarks) (In Focus: Intellectual Property) | Law | Michael F. Clayton, Mark W. Muschenheim |
Downsizing is difficult in European countries: government protections make employee terminations costly, especially by U.S. standards. | Law | Giuseppe Tomasetti |
Drafters of arbitration clauses face a variety of unforeseen perils; exercising caution when drawing up a dispute resolution provision can prevent a litany of problems. | Law | John M. Allen Jr., Bruce G. Merritt |
Draw the fire away from the witness. (Martin London)(Winning: Successful Strategies from 10 of the Nation's Leading Litigators) | Law | |
Drugs warp the system. (effect of drug policy on legal system) | Law | Geoffrey C. Hazard Jr. |
Due diligence required of exporters to the U.S. | Law | Nicholas L. Coch, Edward J. FitzPatrick |
EC displays new fervor in antitrust prosecution.(In Focus: International Law) | Law | Izzet M. Sinan |
Economic tide fails to lift associates; overall partnership offers at largest firms sink despite better business climate. | Law | Marian Raab |
Educating small firms on legal technologies. (General Practice Section)(A.B.A. Section Reports) | Law | William I. Weston |
Effective rulemaking damaged by politics. (United States Judicial Conference decision on revision of Federal Rules of Civil Procedure) | Law | Arthur R. Miller |
Efforts to limit firms' liability often thwarted: even where state law permits professional LLCs, courts can assert control over attorneys. (limited liability companies)(Law Practice Tech) | Law | Emily Woodruff |
Electronic theft could create vicarious liability; when workers use computers to infringe copyrights, companies often wind up having to pay. | Law | George E. Christodoulo, Anthony J. Fitzpatrick |
Employment law's 'top ten' list for '94. | Law | Gerald D. Skoning |
Enacted to comply with NAFTA, recent Mexican legislation strengthened intellectual property protection, offering encouragement to foreign investors. | Law | Julio J. Cristiani |
EPA offers innovative vehicle to cap liability: the EPA's Prospective Purchaser Agreements help solve buyers' potential Superfund problems. (Real Estate Law) | Law | Malissa Hathaway McKeith, Nina Luban |
Establishment clause yields to free speech: 'marketplace of ideas' withstands First Amendment challenges in a series of widely publicized cases.(Supreme Court Review) | Law | Bernard James, Joanne Kuhns |
Ethics of defending guilty clients. | Law | W. William Hodes |
European Community streamlines filing process: American companies that seek trademark protection in the E.C. now have a single simple option. | Law | Gary H. Levin, Laura G. Miller |
Excluding bilingual jurors may be racist. | Law | L. Felipe Restrepo |
Exclusive trademark licenses may be assets; the FTC holds that such licenses can be subject to Hart-Scott-Rodino Act filing requirements. | Law | Frank T. Judge III, Keith D. Shugarman |
Existing laws fail to protect software adequately: a new legal regime is needed to shield what a program does rather than the text it contains. (Focus on Innovations) (In Focus: Intellectual Property) | Law | Mitchell Kapor, Pamela Samuelson, Randall Davis, J.H. Reichman |
Existing programs could be considered prior art; publicly available software with a ban on reverse-engineering may invalidate future registrations.(Intellectual Property, part 2) | Law | Mark A. Flagel, Steven S. Weiner |
'Family values' embrace fault in divorce. | Law | Herma Hill Kay |
Federal Circuit revises 'equivalents' principle. | Law | Ronald S. Laurie, Peter P. Tong |
Federal Circuit unsettles doctrine of equivalents; a new decision, holding that the common-law tenet is a question for the jury, reverses a trend. | Law | William C. Rooklidge |
Federal courts, finding inadequate documentation of welfare plans or failure to follow ERISA's requirements, hold employers liable for unexpected coverage. | Law | Max J. Schwartz |
Federal cuts will isolate rural poor. (cuts in funding for Legal Services Corp.) | Law | Ira Zarov |
Federalism's future.(Editorial) | Law | |
Federal judge: juror has a right to privacy; for now, a juror who refused to answer voir dire questions is spared jail. | Law | Jeannette S. Keton |
Feds urge businesses to cough up health fraud; but participation in a pilot voluntary disclosure program does not ensure that a provider will avoid severe penalties. | Law | Rebekah J. Poston, Frank R. Jiminez, Kimberly K. Dunn |
Ferguson spectacle demeaned system. (Colin Ferguson) | Law | Richard J. Bonnie |
Fiduciary duty.(Editorial) | Law | |
Filing disability claims may preclude lawsuits: in some jurisdictions, courts do not allow plaintiffs who apply for benefits to sue under the ADA. (Americans with Disabilities Act of 1990)(Corporate Counsel) | Law | Peter N. Cultice |
Find a law to fit a worthy cause. (Robert A. Swift)(Winning: Successful Strategies from 10 of the Nation's Leading Litigators) | Law | |
Finding a good fit: how to choose your firm; there are many ways to tell in advance if a law firm is the right place for you.(In Focus: Careers) | Law | James Wilber |
Firms need to back up consultants; the key to obtaining the best work from outside consultants is to furnish them with the support they need to perform the job. (Law Office Management) | Law | Bruce Berman |
Firms re-evaluate partner compensation systems; establishing a fair performance evaluation system can prevent rifts in a firm over distributions. | Law | Robert W. Denney |
Firms should showcase high-tech capabilities. | Law | Kennard R. Strutin |
Flip-flop on life sentence: after intense lobbying from prosecutors, Georgia's high court reverses itself. (ruling on mandatory drug sentencing law) | Law | Bill Rankin |
Foreign ADR may preserve business relationships: but advance planning is needed to ensure smooth proceedings. | Law | Mary E. Steele |
Foreign marks in Africa don't always get a break; obtaining IP protection in Africa requres understanding local laws and their historical foundations.(International Law) | Law | Michael I. Davis |
Foreign owners' rights are restored by GATT to public domain works: the most vexing complication is when the restoration may begin. (Focus on Copyright) (In Focus: Intellectual Property) | Law | David B. Shontz, Maarten B. Kooij |
Foreign state subsidy's veil is not easily pierced.(In Focus: International Law) | Law | Kathleen M. Comfrey, Mark A. Siemens, Gretchan R. Diffendal |
For the death penalty, a super-proof standard. | Law | James M. Grippando |
Four probes endanger the executive branch. (independent counsel) | Law | Jacob A. Stein |
Four recent decisions in the Orange County case attempt to balance state sovereignty interests and the goals of Chapter 9. (California) | Law | Alan B. Miller, Jeffrey L. Tanenbaum |
Fourth Amendment in increasing danger. | Law | Thomas Y. Davies |
'Free exercise' revisited. | Law | Harvey Silverglate |
From school to firm: where hiring partners found their incoming class of associates.(In Focus: Careers)(Directory) | Law | |
FTC adopts a more aggressive stance toward misleading food advertisements as Clinton administration seeks enforcement of consumer protection statutes. (Federal Trade Commission) | Law | Ilene Knable Gotts |
FTC takes the initiative with Hart-Scott-Rodino; innovations in the antitrust laws proposed by the commission should streamline its processes. | Law | Christine A. Varney |
Gay parents ruled fit; increasingly, courts are holding that sexual orientation per se cannot be used to preclude granting custody to a parent. | Law | Cynthia L. Greene, Donald K. Butler |
Generics seeking approval of FDA may infringe: uncertainty reigns over a law that overturns Federal Circuit's denial of an industry exemption. (Focus on Patents) (In Focus: Intellectual Property) | Law | Carroll E. Neesemann, James E. Hough, Carin G. Reynolds |
Getting around barriers to non-compete pacts: courts ask if there is inevitable disclosure of trade secrets when employees move to competitors. (Focus on Trade Secrets) (In Focus: Intellectual Property) | Law | David J. Berger, James A. DiBoise |
Global colorblindness to trademarks is dying: the laws of the world are all over the spectrum, but the prospects for colors as marks are brighter. | Law | Howard N. Aronson, Robert B. Golden, Rosemarie Biondi-Tofano |
Globally, trade secrets laws are all over the map; despite a growing consistency in the statutes protecting business information, enforcement varies.(Intellectual Property, part 1) | Law | Salem M. Katsh, Michael P. Dierks |
Global warming to be focus of '96 conference; parties to the Framework Convention on Climate Change will report on preventive efforts.(International Law) | Law | Richard Blaustein |
GOP is trying to kill regulation by stealth. (Job Creation and Wage Enhancement Act in Republican Contract with America) | Law | David C. Vladeck |
Guarding inherent and inalienable civil liberties. (Section of Individual Rights and Responsibilities)(ABA Section Reports) | Law | Abby R. Rubenfeld |
Guarding liberties in new political era: the outgoing president asks lawyers to challenge 'reforms' that curb core rights. (A.B.A.) | Law | George E. Bushnell Jr. |
Guidance is lacking on religious accommodation; courts are divided on how fully businesses must accommodate employees' religious practices.(Corporate Counsel) | Law | Harlan A. Loeb, Debbie N. Kaminer |
Habeas 'reform' hacks down Constitution. | Law | David Cole |
Hale and Dorr: surfing the Internet's new wave: a Boston firm takes off into the digital age with innovative uses of information technology. (Legal Tech) | Law | Joshua D. Macht |
Handling U.S. agents bearing a search warrant; cooperation is advisable, but those conducting the search don't have a license to destroy. (strategy for corporate counsel) | Law | Jonny J. Frank, Ronald G. Blum |
Harshest sentence is restititution. | Law | Randy E. Barnett |
He guards the gold; as banker and regulator, Ernest Patrikis has a big say in banking's future. (first vice president, Federal Reserve Bank of New York) (includes related article) | Law | Jonathan Foreman |
Helping lawyers cope with new legal market. (Section of Law Practice Management)(ABA Section Reports) | Law | Lowell E. Rothschild |
Helping lawyers resolve complex merger issues. (Antitrust Section)(ABA Section Reports) | Law | John DeQ. Briggs |
Helping to protect rights in new technologies. (Section of Intellectual Property Law)(A.B.A. Section Reports) | Law | Donald R. Dunner |
He's the accidental radio talk-show host: a lawyer winds up as 'Lionel,' king of N.Y. drive time. He says he still practices, in a way. (Michael William Lebron) | Law | Joseph Phalon |
He was not what they expected.(Salute to Chief Justice Warren E. Burger, 1907-1995) | Law | A.E. Dick Howard |
High court protects habitats; a recent decision may restrict owners' rights in real property inhabited by endangered species. | Law | Allen D. Haynie, Kimberly M. McCormick |
High-speed computing improves legal services; attorneys use computers for billing, online access, simulations and document management.(Legal Tech) | Law | Robert A. Barbaour |
Hospitals in code-blue catch-22: like a pair of forceps, federal legislation and HMO demands put the squeeze on providers in their handling of emergency-care patients. | Law | David E. Loder, Lisa W. Clark |
House and Senate version of securities reform legislation, which differ on the safe harbor for predictions and the definition of 'scienter,' must be reconciled. | Law | Bruce G. Vanyo, Laurie B. Smilan, Noah D. Mesel |
How firms successfully hire staffers; sophisticated assessment methods now are used by firms to fill the positions of junior associate, paralegal and secretary. | Law | Kenneth P. Yusko |
How to win the games P.R. firms play: by exercising proper oversight, lawyers can avoid common pitfalls of retaining a publicist.(In Focus: Marketing) | Law | James F. Haggerty |
H.R. 1295, which is intended to create a new cause of action for the dilution of 'famous' marks, may be construed as granting owners rights that are overbroad. | Law | Jonathan E. Moskin |
IBM, Apple defendants in major wrist-injury trial: plaintiffs' lawyers plot new ground, hoping stress injuries form keyboard use will become the mass tort of the 1990s. | Law | John R. Engen |
IBM's recent threat to replace Lotus' board demonstrates the vulnerability of clients to voting contests when they are defending against pending takeovers. | Law | Judith R. Thoyer, Carl L. Reisner |
If Harley-Davidson has its way, the resounding roar that its motorcycles make could become a registered, protected sound under the U.S. Trademark Act. | Law | Joseph Diamante, Darren W. Saunders |
Implementing an environmental management system in accordance with the ISO's draft standards is not necessarily costly and could yield benefits as well. (International Organization for Standardization) | Law | Kenneth A. Freeling |
In addition to unfair competition and Lanham Act claims, the advertising of prescription and over-the-counter drugs generates issues unique to the field. | Law | Kenneth A. Plevan, Steffi R. Kipperman |
Indiana creates program to steer minority students to the bench. | Law | Dave Remondini |
Industrial trade associations, under heightened FTC and DOJ scrutiny of late, cannot discount the fact that their activities raise a litany of antitrust concerns. | Law | Ilene Knable Gotts |
Information superhighway is beset by local fees: efforts by municipalities to collect fees deter development of communications service.(In Focus: Telecommunications) | Law | Thomas F. Geselbracht, Gordon P. Williams Jr. |
In-house legal counsel adapt in shifting times; with increased competition from outside law firms, staff lawyers must continue to innovate.(Corporate Counsel) | Law | Frederick J. Krebs |
Initiating new rules for ethical business conduct. (Section of Business Law)(ABA Section Reports) | Law | Herbert S. Wander |
In Kooritzky, the D.C. Circuit sidestepped traditional deference shown to substantive rule-making by invalidating labor regulation on procedural grounds. | Law | Stephen C. Leckar |
In Lotus, the 1st Circuit departed from precedent, narrowing protection for developed software and giving crafty litigators a blank disk on which to write. | Law | Dale M. Cendali, Martin Glenn |
In proposals designed for small businesses, the SEC would permit issuers to 'test the waters' and would shorten holding periods for restricted securities. | Law | Stephen I. Glover |
Insurance companies move defense in-house; using staff counsel in lieu of outside firms to defend insureds is generating much controversy. | Law | Michael A. Mack |
Insurance liability woes are exported worldwide: reinsurance is a globalized risk-shifting game wherein a spiraling loss can level the likes of Lloyd's. | Law | John F. Powell |
Insurance may cover lawsuits over patents; courts are split on whether insurers have a duty to defend.(Intellectual Property, part 2) | Law | Stephen E. Blaine, M. Danton Richardson |
Insurer's collapse highlights hazards to investors; Executive Life's insolvency raises novel issues for in-house counsel and other pension fund advisers. | Law | Iain A.W. Nasatir |
Insurers' real net worth is key to damage awards. | Law | Daniel J. Callahan |
Insuring punitive damages: many courts allow insurance coverage if punitives can be awarded for reckless conduct. | Law | James J. Restivo Jr. |
Intellectual property rights coming of age in Asia; emerging Asian economies are increasing protection of patents, trademarks and copyrights.(Intellectual Property, part 1) | Law | Henry J.H. Wheare |
'Intent to use' winning rave reviews, says poll; practitioners seem satisfied with ITU practice, but favor changes to address Patent Office delays.(Intellectual Property, part 2) | Law | Roberta Jacobs-Meadway, Kathleen Frensky Tranelli |
International Trade Commission Sec. 337 proceedings are a powerful way to block infringing imports at the border but can backfire, as Intel has learned. | Law | Neil E. McDonell |
Internet use spreads through 'World Wide Web;' record-high utilization allows attorneys to communicate with one another around the globe. (Legal Tech) | Law | Hadrian R. Katz |
Investors' choice of ADR forums may be limited: brokerage firms use customer contracts and the courts to limit arbitrations to industry SROs. (self-regulatory organizations) | Law | George H. Friedman, Florence M. Peterson |
Investors offshore face host of U.S. regulations; investment is limited by doctrine that requires SEC registration of funds with 100 U.S. participants.(International Law) | Law | Robert A. McTamaney, Elizabeth M. Cursio, David A. Wisniewski |
Invoking the 5th in civil cases: awareness of self-incrimination risks in non-criminal forums can prevent a waiver of the privilege. | Law | Gerald W. Heller |
IP bar backs airline in high court patent case; group says inventor was not entitled to a jury in reservation system lawsuit. (American Intellectual Property Law Association; American Airlines v. Lockwood) | Law | Victoria Slind Flor |
IRS Revenue Procedure 95-10 establishes guidelines for the tax classification of limited liability companies, offering practitioners some degree of certainty. | Law | Robert S. Mintz |
Is a service guarantee a client's joy or just a ploy? The legal profession's adoption of mainstream marketing tactics promises to raise controversy. | Law | Robert J. Scott, Jennifer London |
Is AT & T just another fish? FCC classification of Ma Bell as a 'non-dominant' carrier ends pre-effective review of tariffs. | Law | Robert L. Hoegle, Timothy J. Fitzgibbon |
Is it paranoia or fear? (the anti-government motivations of the Oklahoma City bombers) | Law | Harvey A. Silvergate |
Islamic marriage law. (excerpt from 'Nine Parts of Desire: The Hidden World of Islamic Women') | Law | Geraldine Brooks |
ISO plans uniform standards: the ISO 14000 standards should survive challenges filed under international trade agreements. (International Standards Organization) | Law | Stephen L. Kass |
It helps to understand the culture of the firm: whether in larger society or a firm's mini-world, it takes tact to move ahead.(In Focus: Careers) | Law | Andrew A. Chirls |
It's a new era for the fund's fallen chief; a judge takes a decidedly dim view of John G. Bennett Jr.'s request for an allowance. (bankrupt Foundation for New Era Philanthropy) | Law | Joseph A. Slobodzian |
It's the old battle with a new whine. (opponents of U.S. in Bosnia calling for constitutional ruling on presidential ability to send troops there) | Law | Brannon P. Denning |
It's time for a better, bigger U.S. judiciary. (overloaded federal courts) | Law | Victor Williams |
Joint imaging-data base systems could create savings opportunities; data bases and imaging systems can be shared easily, even with opposing parties, to cut costs.(Law Office Tech) | Law | Joseph D. Lee, Wayne A. Willbur |
Jukeboxes rock legal research into 21st century: CD-ROM storage devices can save law firms money and help improve attorney productivity. | Law | Yati Sahae, Arnie Lapinig |
Junk phone laws spur commercial speech suits: telemarketers and small business owners say federal and state bans on automatic dialing are unconstitutional. | Law | Lisa Fittko |
Justice benefits from self-analysis. | Law | Judith Resnik, Deborah Hensler |
Justice entangled: Italy, law and the Mafia; two brave prosecutors took on the Mafia and won big battles in an endless war. (adapted from a speech on the book 'Excellent Cadavers: The Mafia and the Death of the First Italian Republic') | Law | Alexander Stille |
Kazakhstan leading as metal hub: laws favorable to investment from abroad put the Central Asian republic ahead of Russia.(International Law) | Law | Scott Horton, Zhaniya Usenova |
Keeping a hand in: lawyers' holiday reading. | Law | |
Keep it out of my back yard; common lessons already learned by private applicants and government officials provide a road map for siting unpopular facilities. (Real Estate Law) | Law | Michael B. Gerrard |
Kiryas Joel II revisits issue of favoritism. | Law | Gary J. Simson |
Kiryas Joel's school now in zone of law. (Kiryas Joel, New York) | Law | Julius Berman, Eliott Berman |
Landowners need sanctuary, too. (impact of endangered species protection on landowners) | Law | Roger Strelow |
Law firm re-engineering, starting with processes; productivity can be improved by replacing task-based specialists with functionally oriented teams. (Law Office Management) | Law | Elizabeth J. Rosen, Nancy A. Williams |
Law firms and corporations can work for social change; in-house departments can pair up with legal service organizations or law firms to provide assistance to individuals who need it most.(In Focus: Pro Bono) | Law | John W. Martin Jr. |
Law firms mount challenges to house counsel; by cutting costs and developing specialties, firms have been able to become more competitive.(Corporate Counsel) | Law | Steven Alan Bennett |
Law firm's shindig a Woodstock for wonks; a law firm from Bakersfield, Calif., manages to be the center of the universe, just for a day. (Borton, Petrini & Conron puts on Bakersfield Business Conference) | Law | Patrick Oster |
Law has not kept up with technology; rapid evolution in the software industry has gone beyond the scope of copyright protection. | Law | Robert Holleyman |
Law keeps fox from hen house. (attempted takeover of WLR Foods by Tyson) (Virginia) | Law | Jerry E. Whitson |
Law mandates use of French in deal documents: because France's 'Loi Toubon' is unclear as drafted, practitioners are struggling with compliance. | Law | John Hamilton, Olivier Bertin-Mourot |
Laws leave passengers shipwrecked. (shipowners, not consumers, protected by maritime law)(Law Firm Travel) | Law | Thomas A. Dickerson |
Lawyer of the year: Johnnie L. Cochran Jr.: a no-holds-barred victory.(The Year in Review) | Law | |
Lawyers delegate control to marketers reluctantly. (survey of law firms' marketing directors)(In Focus: Marketing) | Law | Charles A. Maddock, Norm Rubenstein |
Lawyers help educate new citizens; in light of the political climate, advocates for immigration rights now view voter participation as the ultimate goal of citizenship.(In Focus: Pro Bono) | Law | Jeanie Tung |
Lawyers help reform office of L.A. sheriff.(In Focus: Pro Bono) | Law | Jay T. Kinn |
Lawyers meet in Texas to build new Ukraine; volunteers are working to help commercialize Ukraine quickly. | Law | James R. Huntwork |
Lawyers' self-marketing can bolster their firms' promotional strategies. | Law | Douglas B. Richardson |
Leaves of summer: books for lawyers at rest; a jug of wine, a loaf of bread and books to while a lazy day away - though some may choose to learn.(Bibliography) | Law | |
Legal market: the good and the bad prospects for job hunters.(In Focus: Careers) | Law | |
Legal research can be outsourced; corporate counsel are turning to legal research networks as a cost-saving alternative to firms. | Law | Barry L. Kotler, William Douglas McDougall |
Lenders hurt by diverse treatment of collateral: uniformity is urged in perfecting security interests in copyrights, trademarks and patents. (Focus on U.C.C. Art. 9) (In Focus: Intellectual Property) | Law | Steven O. Weise |
Librarians online might get entangled in the Web: its allure as a research medium could make the Internet the focal point of a librarian's profession. | Law | Brian L. Baker |
Litigants abroad use U.S law to seek discovery; but parties moving to compel evidence for use in foreign suits face divergent circuit courts. | Law | W. Cameron Beard |
Litigation cost management is a two-way street. | Law | John D. O'Connor |
London court reigns as an international forum: parties in cross-border disputes welcome the Commercial Court's expertise, neutrality and speed.(United Kingdom) | Law | Campbell MacLachlan |
London market starts up; the Alternative Investment Market is devised, like NASDAQ, to succeed through regulation.(International Law) | Law | Derham O'Neill |
Long after Seagram's failed attempt to acquire Conoco, issues that arose from the tax treatment of stock exchanged in the tender offer remain unsettled. | Law | Jasper L. Cummings Jr. |
Lopez pops feds' ballooning powers. | Law | James L. Huffman |
Loss of data control plagues many corporations; regulation of information wanes with the increasing dominance of networked PCs and e-mail. (Legal Tech) | Law | Michael J. Patrick |
Love, battery and the statute of limitations; Hedda Nussbaum charges her ex-lover beat her for a decade. Was she insane, or just in love? | Law | Joan Ullman |
Majority's decision criticized in forceful dissent; Federal Circuit Judge Pauline Newman attacks 'Markman' for limiting the right to a jury trial. | Law | Jane Michaels, Alan N. Stern |
Managing partners may be led to leap laterally. | Law | Carl A. Leonard |
Mandatory arbitration clauses in general liability insurance policies may prove expensive if they are contradicted by other primary or excess policy provisions. | Law | Lorelie S. Masters |
McNamara's choice. (Robert S. McNamara's memoir 'In Retrospect' on Vietnam) | Law | Arnold P. Messing |
Media cave despite high court support. | Law | Jane E. Kirtley |
Media fever scorches Chicago prosecutions; prosecutors trip over high-profile cases that draw intense scrutiny, win convictions on thin evidence. | Law | Darryl Van Duch |
Medical networks raise physician liability issues; while group practices may ease economic concerns, doctors should consider all legal angles. | Law | Thomas O. Katz, Mark A. Coel |
Meetings by video now can happen on desktop: law firms that want to use video conferencing can choose either a PC-based or a group system. | Law | Bob Hammond, Randy Burkart |
Merging in the '90s: a whole new world. | Law | Joe Sims |
Miami's H.T. Smith puts black bar group in gear; a push for more judgeships and more government work for black lawyers is his ambitious agenda. | Law | Anne Davis |
Military death row: separate, not equal. | Law | Dwight Sullivan |
Militias misinterpret Constitution. | Law | Dennis A. Henigan |
Minority programs succeed in N.Y., S.F.; a lesson for law firms: the tougher the goals, the more likely are big gains. | Law | Edward A. Adams |
Minors seeking abortions find no court resistance: judges approve 100 percent of petitions sought by teenagers. | Law | Patricia G. Barnes |
Mock trials offer virtual reality: simulated juries can be used most effectively early in the litigation process to develop the theory of the case. (Jury Research) | Law | Robert A. Clifford |
Month by month: the year that was.(The Year in Review) | Law | |
Movements for reform taking root: Congress and the administration have ambitious plans to revamp environmental policy. Change can flourish if the two are reconciled. | Law | Robert M. Sussman |
Move over, Ms. Bingaman; new trustbuster is in D.C.; new FTC chairman Robert Pitofsky's theoretical views may clash with Anne Bingaman's pragmatism at Justice. (Federal Trade Commission) | Law | KAren Donovan |
Multimedia liabilities. (electronic communication) | Law | Michael J. Patrick |
Musical pros may now depreciate instruments; the 2d and 3d circuits hold that professional musicians can depreciate tools of their trade regardless of market value or useful life. | Law | Steven C. Todrys, Eugenia Yudanin |
New derivatives agreement differs from 'bankers trust.'(In Focus: Securities) | Law | Steven Wolowitz, Nicholas W. Lobenthal |
New guidelines apply to international licensing: DOJ and FTC issue directives on the application of U.S. antitrust statutes to intellectual property. | Law | Mark A. Flagel, Stephanie Kaufman Hernand |
New laws address U.K. environmental damage: pending legislation is designed to heighten protection and identify those responsible for pollution. | Law | Richard H. Burnett-Hall |
New laws bring Taiwan closer to WTO regime. (World Trade Organization)(In Focus: International Law) | Law | Laura W. Young |
Newly issued Internal Revenue Service regulations will limit the deduction of money spent to influence legislation and make lobbying more expensive. | Law | Daniel C. Kolb, Douglas E. Kliever, Scott E. Schang |
New OSHA regulations significantly increase the obligation of building and facility owners to protect employees and other workers from asbestos hazards. | Law | Sandra L. Oberkfell |
New system links securities markets: 'FIPS' disclosure regime facilitates equity offerings by foreign issuers in Canada. (Foreign Issuer Prospectus and Continuous Disclosure System) | Law | Pamela Hughes |
New U.S. Patent and Trademark Office guidelines depart from old policy by extending the scope of patent eligibility to a wide range of software programs. | Law | D.C. Toedt |
Niche marketing helps firms reach new clients: a winning strategy will match the strengths of attorneys with the needs of a targeted market.(Law Practice Tech) | Law | Thalia Zetlin |
NIH regulations now guide sponsored research; the NIH plans closer monitoring of grant recipients that conduct studies for private industry. (National Institutes of Health) | Law | David E. Bartlett |
No hermits for the jury. | Law | Robert R. Salman |
Noisy hypocrisy and moments of silence. (adapted from 'Faith and Freedom: Religious Freedom in America') | Law | Marvin E. Frankel |
Now on CD: 'pageless in Philadelphia'; according to Hangley Aronchick's attorneys, the CD-ROM-only library is a must-see.(In Focus: Capital Equipment) | Law | David B. Pudlin, john P. Lavelle Jr. |
Ohio's Hamilton County courts high technology; a wide area network will link the many departments of the judicial system in and around Cincinnati.(Law Office Tech) | Law | Kevin Smith |
O.J. prosecutors failed to keep eye on ball. | Law | Cheryl A. Fiandaca |
Oklahoma libel case puts tort reform movement on trial: trial lawyers sue group over articles in newsletter. | Law | Richard L. Fricker |
Old records may embody many rights; recent cases show that thorny issues arise when new, innovative works incorporate the vintage performances of other artists. | Law | M. Christopher Bolen, Maury M. Tepper III |
Once just entertainment, CDs are now a fast, efficient way to access information. (Research Tools for Today)(Law Librarians) | Law | Mark Giangrande |
One destination. (antitrust scrutiny of Microsoft Corp.)(Editorial) | Law | |
Outsourced law library serves as a wake-up call; librarians who fail to show how they contribute to the bottom line may find themselves shelved. | Law | Michael Saint-Onge |
Outsourcing agreements may hinder takeovers: as merger activity increases, targets and their vendors may ally to thwart hostile suitors. | Law | John K. Halvey, Daniel R. Mummery |
Outsourcing firms now offer new technologies: law firms are contracting with outside companies for services formerly handled internally. (Legal Tech) | Law | Monty Kaufman |
Oversight can curb discovery costs; in-house scrutiny can lead to streamlining the litigation process and reducing expenses. | Law | Robert B. Charles |
Pacific-Rim piracy of programs afflicts publishers. | Law | Sandra A. Sellers, Mark Traphagen, Christine Keck |
Patent win attributed to 3-D computer imagery: success in patent infringement lawsuit demonstrates the impact of three-dimensional animation.(Law Practice Tech) | Law | James W. Dabney |
Patrolling the futures: regulators say Chicago's two big exchanges are slow to self-police. They say the feds are missing it. | Law | Darryl Van Duch |
Paying student loans and still having a life; a sudden rush of income can become a gilded cage, so handle it sensibly.(In Focus: Careers) | Law | Stacey M. DeBroff, David B. Silva |
PC lawyers resolve personnel issues; the complex legal dilemmas of employers can be addressed by an electronic desktop counselor.(Legal Tech) | Law | John C. Fox |
Peace pact will be poor band-aid. (Bosnian conflict) | Law | Alfred P. Rubin |
Peril of the E-mail trail; implementation of an electronic information retention plan can prevent a disastrous disclosure. (Corporate Counsel) | Law | David C. Jacobson, R. Michael Lowenbaum, John C. Koski |
Photocopying articles may not be 'fair use'; 2d Circuit Texaco decision limits the ability of employees to photocopy articles for research. (American Geophysical Union v. Texaco, Inc.) (Law Office Management) | Law | Veronica M. Fallon |
Pick jury unafraid to award big sums. (Brian B. O'Neill)(Winning: Successful Strategies from 10 of the Nation's Leading Litigators) | Law | |
Piper Aircraft flies with new 'owners' - crash claimants; attorneys say plan is model for beleaguered companies. | Law | Dave Lyons |
Pitfalls abound in provisional application process; applicants who fail to understand the limitations of the procedure may lose valuable patent rights. | Law | Richard A. Kaba, Kathleen A. Ranney |
Please! A princess deserves a little privacy; Diana prevails in suit over health club photos. It may set precedent for non-royals, too. (United Kingdom) | Law | Fenton Bressler |
Plugging in the experts: the use of artificial intelligence has caught on slowly in the legal field, but its potential is vast.(Law Practice Tech) | Law | Keith J. Kosco, Michael A. Doherty |
Policies covering advertising injuries may prove to be of limited benefit. | Law | Jonathan Hudis, Jeffrey Kaufman |
Political correctness deadens scholarship. | Law | Jason A. Lief |
Pollution exclusion puts unwary insureds at risk; the application of environmental clauses to unrelated areas of coverage is catalyst for litigation. (Corporate Counsel) | Law | Michael A. Bogdonoff, Sheryl J. Cohen |
Poorly defined 'of counsel' affiliations expose law firms to vicarious liabilities in the form of malpractice claims, disqualifications and disciplinary proceedings. | Law | Ronald E. Mallen, Sherri J. Conrad |
Posters win free-press protections. (California)(In Focus: Sports Law) | Law | Marya Lee Yee, Douglas L. Perlman |
Post office monopoly: unfair market practice. | Law | J. Gregory Sidak |
Present punitives as protecting the public. (Jere Locke Beasley)(Winning: Successful Strategies from 10 of the Nation's Leading Litigators) | Law | |
Primary schools as well as colleges are learning from a spate of lawsuits that sex harassment allegations may be brought not only by employees but by students. | Law | Mark E. Brossman, Deborah A. Buyer |
Private investigators with accounting acumen; forensic accountants can aid attorneys in recognizing and ferreting out white-collar crime. | Law | Robert J. Lindquist |
Privatizing power plants generates complex deals: host country risks and murky law can complicate negotiations for investors and lawyers.(In Focus: International Law) | Law | Michael B. Barr |
Progress in technology cuts litigation costs: developments in imaging and optical character recognition help streamline complex cases. (Legal Tech) | Law | Donald Kane |
Proposed regulations may alter passive-loss rules: real estate professionals may find hoped-for exceptions are eviscerated by new IRS proposal. | Law | Steven S. Snider, A. William Caporizzo |
Proposed tax legislation in the House may affect U.S. citizens who become expatriates as well as foreign trust beneficiaries. | Law | Jonathan G. Blattmachr, Harry E. White |
Prosecution aids recovery in trade-secret theft; initiating both civil and criminal actions can bring a speedy result to victims of misappropriation. | Law | Gary E. Weiss, Thomas H. Zellerbach |
Prospectus delivery by e-mail: the SEC recently laid the ground rules for investors to receive prospectuses electronically. | Law | Howard M. Friedman |
Protecting brands from mishandling by sellers: manufacturers can continue to control their products' quality once in the stream of commerce. (Focus on Trademarks) (In Focus: Intellectual Property) | Law | Elise E. Singer, Linda Thomasson |
Prudent investor rule permits riskier portfolio: the new rule allows fiduciaries of trusts to make more speculative investments - but at a price. | Law | Bernard Karol, M. Antoinette Thomas |
Public reporter system risks privacy: the opponents of a government-supported legal research system claim it has Orwellian overtones. | Law | Robert Gellman |
Put positive spin on problem facts. (Brad D. Brian)(Winning: Successful Strategies from 10 of the Nation's Leading Litigators) | Law | |
'Qualitex' makes visible the strategic spectrum; corporate 'color warriors' have various tactics at their disposal. (color trademark)(Intellectual Property, part 1) | Law | David M. Kelly |
'Qualitex' ruling erases shades of gray on color; the U.S. Supreme Court's ruling is evolutionary, not revolutionary.(Intellectual Property, part 1) | Law | David C. Gryce |
Quality legal aid: going, going, gone. (New York City) | Law | Edward Mirsky |
Questions remain as to supervisors' ADA liability. (Americans with Disabilities Act) | Law | Eric J. Walalch, James P. Tenney, Peter D. Blanck |
Qui tam plaintiffs abound; under the federal False Claims Act, virtually anyone can sue a provider, even individuals the defendant hired specifically to find fraud. (health care providers) | Law | Linda M. Robison, Peter R. Roest, Mark D. Folk |
Read instructions at your own risk. (product instructions) | Law | John C. Meehan |
Recent developments ease sales of tainted sites; the EPA's prospective purchaser agreements can allow buyers to avoid limitless cleanup liability. | Law | Malissa Hathaway McKeith, Nina Luban |
Recent multimillion-dollar settlements may cause employers to avoid hiring women and minorities for less desirable jobs to improve the statistical picture. | Law | James Scanlan |
Recent SEC amendments require state and local governments to provide continuing disclosure for their municipal securities. | Law | Roger L. Davis, Robert A. Fippinger |
Recent tobacco rulings give both sides the jitters: the anti-tobacco effort has suffered setbacks in West Virginia and Florida, but has advanced in Minnesota. | Law | Claudia Maclachlan |
Recusal can deny cert. (certiorari to the US Supreme Court) | Law | Steven Lubet |
Re-education. (A.B.A. antitrust settlement on accreditation of law schools)(Editorial) | Law | |
Registering 3-D marks helps owner; if a configuration is registered, burden of proof is on infringers.(Intellectual Property, part 1) | Law | Bryan K. Wheelock, Dennis C. Bremer |
Regulators seek full restoration of polluted land; polluters often must pay for damage to natural resources in addition to cleanup costs. | Law | Katherine L. Adams, Ricahrd B. Stewart |
Regulatory takings legislation would benefit mainly large property owners where the federal government has paramount land-use control. | Law | Paul D. Selver |
REITs that merge can avoid taxes: a well-planned consolidation of real estate investment trusts - an industry trend - may be accomplished on a tax-free basis. | Law | Robert Mintz |
Religion in the schools - access less than equal. | Law | Natasha C. Lisman |
Religion in the schools: a consensus emerges. | Law | Kevin Foster O'Shea |
Remediating military 'brownfields:' by assuming certain Superfund costs, the feds can offer former bases as viable industrial sites. | Law | Raymond Takashi Swenson |
Republicans aim to fix what ain't broke. | Law | Anthony L. Liuzzo |
Require judge and jury to witness executions. | Law | Jeremy G. Epstein |
Research is vital when pursuing a new market.(In Focus: Marketing) | Law | Nina J. Hamberg |
Research tools for today: new online technologies have transformed the way librarians can share and use information.(Law Librarians) | Law | Sabrina I. Pacifici |
Revenue-sharing compacts, which give state and local governments a cut of tribal gaming proceeds, may help in getting approval for off-reservation casinos. | Law | |
'Reverse mortgages' require specialized insurance: certain loans that allow senior citizens easier access to home equity raise coverage issues. | Law | Randall J. Kadlec |
'Reverse passing off' may apply to literary works; the 2d Circuit recently has extended Lanham Act protection to a copyrightable work of art.(Intellectual Property, part 1) | Law | Wendy L. Addiss, Jeanne M. Hamburg |
Revolving door? (indictment of attorneys representing Cali drug cartel)(Editorial) | Law | |
Right of publicity gets support from Restatement: for the first time, the doctrine is recognized by the A.L.I. as a full-fledged property right. (American Law Institute) (Focus on Torts) (In Focus: Intellectual Property) | Law | Henry R. Kaufman, Michael K. Cantwell |
Rigid labor laws arrest cooperation. | Law | Daniel V. Yager |
Room for flexibility in sentencing corporations; good corporate citizenship may mitigate harsh results under federal sentencing guidelines. (Corporate Counsel) | Law | Carl H. Loewenson Jr., Cedric C. Chao, James C. Harrison |
Rule changes proposed by the SEC would allow directors to delegate duties to foreign custodians and would offer a safe harbor for wrap-fee investment plans. | Law | Marcia L. MacHarg, Matthew A. Chambers, Roberta R.W. Kameda |
Ruling may make procedural actions a matter of 'routine'; the unanimous en banc 'Reflectone' decision resolved a jurisdictional issue but might spur suits over 'routineness' of contractor claims. (government contracts dispute procedure) | Law | R. David Carlton |
Rulings aid sellers granting options; option contracts can protect sellers faced with defaulting buyers, says evolving case law. (Real Estate Law) | Law | Harris Ominsky |
Safe harbor provision should be preserved. (Federal Rule of Civil Procedure 11) | Law | Jeffrey A. Parness |
Safety net may not hold: firms find not all malpractice insurers are created equal. | Law | Eugene R. Anderson, Randy Paar, Joshua Gold |
Salute to Chief Justice Warren E. Burger, 1907-1995; two controversial opinions helped maintain liberty. | Law | Randy E. Barnett |
School prayer: forbidden by the framers. | Law | Roger K. Newman |
Searching beyond data bases; law librarians can offer firms services over and above their skills in computer resources. | Law | Carol Billings |
SEC allows new custodial plan for Russian funds: no-action letter may encourage investment in Russian equities. | Law | Roswell B. Perkins, William W. Jarosz |
SEC amends 'T+3' and other rules to end exemptions for new issues, define opt-out methods and speed prospectus delivery. | Law | Joseph McLaughlin, John C. Maguire |
Secondary liability revisited.(In Focus: Securities) | Law | John H. Sturc, Brian E. Casey |
Securities litigation bills are anti-market. | Law | John M. Fedders |
Securities litigation: reform misses mark. | Law | Donald C. Langevoort |
Segregation's return: does anyone object? | Law | Nicolaus Mills |
Seize authority early in the trial: be knowledgable. (Fred H. Bartlit Jr.)(Winning: Successful Strategies from 10 of the Nation's Leading Litigators) | Law | |
Selective contracting still upheld: a majority of courts continue to hold that exclusive contracts between care providers and networks do not violate antitrust laws. (health care industry) | Law | James A. Cherney |
Setting up in America is not easy: in the aftermath of the recent BCCI scandal, foreign banks wishing to expand operations to this country face procedural hardships. | Law | Eric D. Roiter, Margaret E. Miniter |
Sex harassment laws create new barriers. (to women in the workplace) | Law | Susan M. Benton-Powers |
She gave up the church to challenge the state; Marilyn Morheuser is the key figure in the N.J. litigation that questioned local school funding. (ex-nun who became a public interest lawyer) | Law | Scott Ladd |
Sidestepping Congress. (executive order banning permanent replacement of strikers by federal contractors) | Law | Jay P. Krupin |
Simpson jury sends a subtle message on race. | Law | Havey A. Silvergate |
Single-asset filings can snare secured creditors: creditors who fail to act early in a single-asset bankruptcy may be left with devalued property. | Law | Alan D. Smith, Michael I. Sorochinsky |
Small EPA changes can yield big results. (how agents are rewarded) | Law | James M. Thunder |
Software left unprotected; in keeping with recent trends, the 1st Circuit limits copyrightability of computer programs.(Intellectual Property, part 2) | Law | Carey R. Ramos, Joseph P. Verdon |
Software spared end of fast depreciation: software development costs are treated like research and generally may be deducted in their entirety in the year they were incurred. (Tax Law) | Law | Timothy D. Hernly |
Some acquirers prefer to structure deals so as to apply the pooling-of-interest accounting method, not the 'purchase' method, to post-transaction companies. | Law | Joe B. Cogdell, J. Alexander Salisbury |
Some courts say that mortgagees can reach the personal assets of mortgagors not only if they damage the property but if they fail to pay the taxes owed on it. | Law | Walter F. Leinhardt, Mitchell L. Berg |
Space odyssey: law offices for the 21st century; the age of technology has significantly transformed office renovations and relocations. (Legal Tech) | Law | James G. Rogers III |
Standard is set for partial trademark cancellation; a likelihood of confusion is the only reason the TTAB will narrow the use of a registered mark. (Trademark Trial and Appeal Board) | Law | Stewart J. Bellus, Allison C. Collard |
State charters often have broad takings clauses; businesses suffering a partial taking of their property usually find little relief in federal court. | Law | Timothy Bishop, Jeffrey Sarles |
States initiate environmental insurance reforms; at the state level, a movement is afoot to protect policyholders and minimize coverage disputes. | Law | Irene C. Warshauser, Deborah Swindells Donovan, Amalia G. Pena |
States need a simple guarantee of rights. | Law | Jerome L. Wilson |
Statistical analysis enables firms to set flat fees; cost-component calculus, widely used to price services, facilitates matter-based billing by lawyers.(Legal Tech) | Law | Jed Ringel |
Stereotyping dress codes in tatters; new California statute says that businesses may not keep women from wearing trousers to work. (Corporate Counsel) | Law | Dwight L. Armstrong |
Supersedeas bonds: a crushing burden; as punitives escalate, defendants seeking appeal may be hobbled by court bonding requirements.(Corporate Counsel) | Law | Timothy S. Bishop, Jeffrey W. Sarles |
Supporting firms that strive to donate services. (Law Firm Pro Bono Project)(ABA Section Reports) | Law | James W. Jones, Curtis M. Caton |
Supreme Court didn't kill affirmative action. | Law | Lawrence Lorber, J. Robert Kirk |
Suzuki decides to fight, loses; after settling Samurai suits, auto maker hit back, but it backfired. (American Suzuki Motor Corp.) | Law | Bill Rankin |
Systemic ways to speed up dilatory judges. | Law | Barry A. Miller |
Teams and leagues face off in court over relocations. (professional football)(In Focus: Sports Law) | Law | Shepard Goldfein, William L. Daly |
Teamwork can reduce client costs. | Law | D. Broward Craig |
Teamwork is essential in systems management; administrators and lawyers face challenges in keeping firms' technology on the cutting edge. (Legal Tech) | Law | Linda A. Grimes |
Technology offers incentive to downsize law libraries: as the use of computerized research tools proliferates, the traditional, imposing library no longer may be a firm's center of gravity. | Law | Andrew L. Stathis |
Technology offers litigators an edge: the effective use of computers, video and audio in court helps to influence jurors and win cases.(Law Practice Tech) | Law | Peter E. Moll, Michael J. Hennigan |
Technology shouldn't mothball the 'motherboard;' when creating visual exhibits, a low-tech alternative often can be cheaper and more effective.(Trial Technology) | Law | Constance Bernstein |
Technology teaches old patent dogs new tricks: patents in electronic form and other new technologies propel practitioners into 21st century. | Law | Irving S. Rappaport |
Tenants in bankruptcy find favor in minority rule: most courts uphold landlords' right to full post-petition rent, but a strong minority disagrees. | Law | David R. Kuney |
Ten years later, officer recants; accused killer, once on death row, freed in 3d trial. (third trial of Rolando Cruz) (Illinois) | Law | Darryl van Duch |
Term limits for Senate thwart founders' plan. | Law | Mortimer Sellers |
Term limits wrong - and beside the point. | Law | Tom Stoddard |
The 2d Circuit's Eastern decision favors trust structures when bankruptcy remote entities are created in debt refinancing. | Law | Alan B. Miller, Jeffrey L. Tanenbaum |
The 2d Circuit's Southview Farm decision represents a reasonable approach to the regulatory treatment of liquid manure disposal practices of livestock farms. | Law | Larry Frarey, Staci Pratt, Ron Jones |
The 2d Circuit tilled new ground in Deere, expanding the concept of dilution to protect marks and, in the process, sowing the seeds of future tort litigation. | Law | Susan Progoff, Susan L. Loring |
The best way to launch an initial public offering; investors would prefer to see a stock option plan for insiders adopted well ahead of the IPO. | Law | Frederick D. Lipman |
The Bluebook blues. ("A Uniform System of Citation") | Law | Lawrence Savell |
The career directory: contact names at some major law firms around the country.(In Focus: Careers)(Directory) | Law | |
The debt crisis. (debts of law school graduates)(Editorial) | Law | |
The doctrine of fair use evolves as balancing test in the high-tech arena: retreating from a 10-year-old decision, the U.S. Supreme Court rejected a bright-line principle. (Focus on Copyrights) (In Focus: Intellectual Property) | Law | William T. McGrath |
The Federal Trade Commission, adopting a simpler regulatory policy, recently issued a final rule to combat fraudulent and abusive practices by telemarketers. | Law | Elizabeth Dubbs, Linda Goldstein |
The First Amendment also applies to lawyers. | Law | Eric M. Freedman |
The Foreign Sovereign Immunities Act's goal of stability in global transactions is yet to be realized, as federal courts wrestle with intricate jurisdictional issues. | Law | Gary B. Born |
The future of banking: a discussion; Glass-Steagall's walls may come tumbling down. What's ahead?(Panel Discussion) | Law | |
The green hasn't faded after 25 years; experts agree that compliance with founding principles is now as natural as the wind and rain. (Environmental Law) | Law | |
The Helms-Burton bill, if enacted into law, would increase the significant financial risks investors face when they attempt to conduct business in Cuba. | Law | George R. Harper |
The housing of seminars reaps multiple benefits.(In Focus: Marketing) | Law | Janet Hays, Debra Scala |
The ins and outs of a uniform citation system; while its supporters contend that citation reform is long overdue, others are skeptical. (legal citations) | Law | Kelly Browne |
The Internal Revenue Service has revoked a 15-year-old ruling that limited the right of a trust's creator to remove and replace a trustee. | Law | Jonathan G. Blattmachr |
The Internet offers expanded alternatives for law firm marketing: attorneys now can use the World Wide Web easily and cheaply to cultivate client relationships.(Law Practice Tech) | Law | Allen Hobbs |
The Kelley decision, which invalidates the EPA's lender-liability rule, leaves secured creditors without clear guidance on avoiding liability for cleanup costs. | Law | Theodore J. Theophilos, Katherine L. Adams, Gary D. Mitchell |
The law is not nirvana when artists 'copy' art: obstacles are growing for new artists who seek to depict earlier performers by using their work. (Focus on Copyright) (In Focus: Intellectual Property) (Cover Story) | Law | David J. Burman, Alice D. Leiner, Robert C. Cumbow |
The legacy of Warren E. Burger. (part 2) (includes 3 views) | Law | Mark W. Cannon, Bruce W. Sanford, Thomas J. Moyer |
The liability of mediators is unsettled. | Law | Robert E. Nies, Ross G. Greenberg |
The Montana 'freemen' now take on the courts; threats, bogus complaints clutter the justice system. | Law | Wynn Miller |
The new business of pitching in: nation-wide, commercial lawyers now are donating their services to assist non-profits and others.(In Focus: Pro Bono) | Law | James L. Baillie, Mary S. Ranum |
The new chain gang: states' new 'get tough' prison policies are gaining support from politicians and the courts. | Law | Peter Morrison |
The new EPA 'interim policy,' which is meant to encourage companies to report violations, may have the opposite effect. | Law | Paul J. Curran, Gregory J. Wallance |
The newer members of Congress don't always share their leaders' views on trade policy. Consequently, the future of 'fast-track' legislation is in doubt. | Law | Leonard E. Santos |
The new president urges attorneys to resist an 'incredible' assault on the law. (Guarding Liberties in New Political Era) (A.B.A.) | Law | Roberta Cooper Ramo |
The NLJ annual guide to the legal search profession.(Directory) | Law | |
The NLRB: on the job for 60 years; role of counsel is to prosecute and supervise. (National Labor Relations Board) | Law | Fred Feinstein |
The oldest cases: IBM, school desegregation cases have reached middle age. (federal district court backlog) | Law | |
The perils of CEO depositions; avoidance, limitation and, finally, preparation are warranted when discovery embroils the boss. | Law | William B. Fitzgerald |
The principle behind U.S. bankruptcy law, that collective creditor action will further debtor and creditor interests, also can aid sovereign debt restructurings. | Law | James B. Hurlock |
The proposed extension of the 'suitability doctrine,' whether or not limited to governmental investors, could be unnecessary to achieve accountability. | Law | William J. Nissen |
The public domain is no safe haven for artists; a significant amount of works have lost copyright protection through expiration or forfeiture.(Intellectual Property, part 1) | Law | William T. McGrath |
The Queen of Hearts would love O.J. trial. | Law | D. Marvin Jones |
The recent acquisition of the U.S. Shoe Corp. by an Italian company may prompt other foreign bidders to wage takeover battles in American courts. | Law | Morton A. Pierce, Robert M. Smith, Matthew I. Roslin |
The recent flurry of merger-and-acquisition activity warrants a close look at the laws that govern the sublicensing of copyright, patent and trademark rights. | Law | Kenneth A. Plevan, Elaine D. Ziff, Madeline Baer |
The role of judges as triers of fact and law. | Law | Isidore Silver |
The SEC's new investor-fairness rules, intended to afford the small investor the price opportunities of institutions, could result in reduced competition. | Law | Sam Scott Miller, Elizabeth P. Hensley, William O'Brien |
The Supreme Court has reaffirmed the presumption that courts should resolve issues of arbitrability, but offers little guidance on other arbitration disputes. (securities arbitration) | Law | Lisa S. Kahn, Meredith A. Munro |
The Supreme Court has ruled that after-acquired evidence of wrongdoing can restrict ADEA awards, but does not guarantee employers summary judgement. (Age Discrimination in Employment Act) | Law | Barbara Ryniker Evans |
The Supreme Court ruling that curtailed race-based federal affirmative-action programs has left the private sector wondering if its programs may be next. | Law | Philip Allen Lacovara |
The trade weapon: U.S. trade embargoes now in force may have consequences for business transactions worldwide. | Law | Thomas Peele, Edward E. Dyson |
The Unfunded Mandates Reform Act will provide state and local governments new opportunities for involvement in the legislative and regulatory process. | Law | Katherine L. Adams, David J. Engel, D. Evan Van Hook |
The Uruguay Round Agreements Act substantially alters U.S. anti-dumping law, imposing new 'sunset reviews' of formerly indefinite orders after five years. | Law | Donald Harrison, Judith A. Ott |
The U.S. Supreme Court will settle a circuit court split over whether punitive damages may be awarded in securities arbitrations governed by New York law. | Law | Richard A. Booth |
The West must beware as it feeds Russian Bear: funding the growth of a market economy is noble, but the nation may devour cash for some time. | Law | Jake Redway |
The Windsors have problems, not Britain. | Law | Fenton Bresler |
Time to pension off the Glass-Steagall Act. | Law | David G. Oedel |
Title insurance needed in portfolio acquisitions; the failure to order a new policy or update an existing policy may result in post-closing surprises. (Real Estate Law) | Law | David A. Lapins, Norbert M. Seifert, Steven F. Ginsberg |
Tobacco suits create heat; cigarette makers have been under fire for decades, but now any company that does or did business with the tobacco industry can be drawn into the fray - along with its insurers. | Law | Andrew M. Reidy, Robert L. Carter |
To handle the overload, create a national court. | Law | Judith Resnik |
Tort reform could leave women shortchanged; damages for non-economic injuries, such as the loss of fertility, would be strictly limited. | Law | Pamela Anagnos Liapakis |
Tort reform may be unfunded mandate. | Law | Mark Geistfeld |
Total quality management improves productivity; not only new technology but retooled management can help deliver better value to clients. (Legal Tech) | Law | Clyde A. Szuch |
Tough it out to a big victory. (Helen Davis Chaitman)(Winning: Successful Strategies from 10 of the Nation's Leading Litigators) | Law | |
Trade dress suits knock knockoffs off store shelf; Proctor & Gamble has makers of look-alike products in retreat. Will a Federal Circuit ruling reverse the tide? | Law | Lisa I. Fried |
Trademark filings foretell fashions in marketing: the trend in 1994 applications centers on 'cyber,' 'smart,' 'selection' and superlatives. | Law | Glenn A. Gundersen |
Trade secrets liability is a two-sided problem; companies need to address both the risks of loss of trade secrets and misappropriation liability.(Intellectual Property, part 2) | Law | Robert D. Fram, Brent C.J. Britton |
Transferring cleanups facilitates planning; a public company can now transfer the potential risk of CERCLA liability to a third party. (Real Estate Law) | Law | Steven A. Silverman |
Travel industry woos biz flyers; catch up on work in a suite spot. | Law | Brenda Fine |
Troubled airport's legal fees cause Denver grumbles; two SEC investigations help run up $10 million in fees for a dozen firms.(Colorado) | Law | Edward W. Byrd |
Twilight of defense law. | Law | David Levering Lewis |
Twilight of the cartel. (excerpt from Richard A. Posner's 'Overcoming Law') | Law | Richard A. Posner |
U.K. law firms set up outposts in U.S. market; but skeptics ask if these voyagers are merely carrying coals to Newcastle. | Law | Jonathan Foreman |
U.K.-U.S. treaty provides weapon against crime: new agreement, awaiting Senate ratification, will greatly increase cooperation in criminal matters. | Law | Tim Taylor, Mark A. Cymrot |
Undermine victim's credibility. (Henry F. Owens, III)(Winning: Successful Strategies from 10 of the Nation's Leading Litigators) | Law | |
Unglued by uncertainty. | Law | Lawrence K. Dubin |
Uniform discrepancies. | Law | Geoffrey C. Hazard Jr. |
Unifying tort and contract law in the age of data: what principles of liability are applicable when defective information causes physical harm or economic loss? | Law | Michael Traynor |
Unless Congress authorizes the EPA to grant developers releases from liability, new inner-city cleanup programs may be of limited value. | Law | Stephen C. Jones |
Unwary hospitals may face the sharp fangs of COBRA; because penalties for violations are severe, hospitals must use caution in transferring or discharging their emergency room patients. | Law | Daniel I. Small |
U.S. bill would weaken WTO dispute process; requiring a judicial review of adverse decisions by the WTO might delay a U.S. response.(International Law) | Law | Whitney Debevoise, Nancy L. Perkins |
U.S. commercial law crosses northern border: good faith and fair dealing is a U.S. doctrine that the Canadian legal system now must address. | Law | Edward C. Chiasson |
U.S. copyright holders can expect greater protection from infringement and international piracy following the recent congressional passage of GATT. (General Agreement on Tariffs and Trade) (part 2) | Law | Lawrence Rosenthal |
U.S. Court awards must clear Canadian customs: enforcement of U.S. judgments in Canada entails a second round of court proceedings. | Law | J. Brian Casey, Janet E. Kirby |
U.S. Customs reinforces compliance standards; under the new requirements, importers must make a stronger showing of reasonable care.(International Law) | Law | Melvin S. Schwechter |
Use NAFTA to enforce Canadian law. | Law | Paul Stanton Kibel |
Using folksy approach charms Texas jurors. (Guy H. Allison)(Winning: Successful Strategies from 10 of the Nation's Leading Litigators) | Law | |
U.S. is unifying utility requirements: proposed regulations focus on some of the problems faced in obtaining biotechnology patents. (Focus on Patents) (In Focus: Intellectual Property) | Law | Eric C. Woglom, Margaret A. Pierri |
U.S. law firms in U.K. face a risk of new taxes; revolutionary change in U.K. law may increase compliance costs. | Law | Peter Clark, Steve Asher, Robbie Wigley-Jones |
U.S. pension law reform under GATT: Retirement Protection Act trims benefits in Congressional effort to recover lost tariff revenues. (Corporate Counsel) | Law | E.A. Haralampu |
V-chip bill: tough to implement; legislation providing for rating and encoding of TV programs draws fire from broadcasters. | Law | George Vradenburg III |
Verdicts: the big numbers of 1994. | Law | |
Victim restitution will tie courts into knots. | Law | Gary M. Maveal |
Violent gang behavior is no civil liberty. (California) | Law | Roger L. Conner |
Wanna get ABA's nod? Just call the man with a proven record. | Law | Ken Meyers |
Washington state insurers face accelerating payouts; underwriters that had been able to deflect Superfund liability now must contend with a new set of rules. | Law | Janet Aschkenasy |
Web-site agreements do not wrap up IP rights. (intellectual property) | Law | John B. Kennedy, Shoshana R. Davids |
Well-chosen contract work is a springboard; law firms and companies are overcoming earlier suspicions about 'temps.' (for legal career development)(In Focus: Careers) | Law | Deborah Arron |
Well-regulated militia: who calls the shots? | Law | Daniel J. Schultz |
What computes in court; technologically sophisticated court exhibits can raise some interesting evidentiary issues. (excerpts from July 24 - August 11 conversation on Law Journal EXTRA! on World Wide Web)(Trial Technology) | Law | Richard Bilby, Gregory Joseph, Gerald Lefcourt, Steven Rabinowitz, Mark Biango, Margaret Berger, Ben Rosenberg, Jeffrey Potter, Fred Lederer |
What did O.J.'s lawyers hope to gain? (O.J. Simpson's murder trial) (California) | Law | Chester L. Mirsky |
When analyzing a potential merger, the Department of Justice and the Federal Trade Commission now also examine its anti-competitive effects on innovation. | Law | Steven C. Sunshine, Thad A. Davis |
When attorneys speak, their PCs now listen: a computer that not only hears but understands its user's voice is not science fiction any longer. | Law | David G. Briscoe |
When bad news breaks, control tactics are vital; assertiveness is a more prudent tack than stonewalling when the threat of negative press arises. (Corporate Counsel) | Law | Wiley Brooks |
When fate knocks, rich ring for Zabel: the wealthy can't avoid death or taxes, but they can afford Bill Zabel's soothing touch. | Law | Lawrence Osborne |
When is an insurer bound by a duty to defend? Courts disagree over whether suits alleging infringement and misappropriation are covered. | Law | David A. Gauntlett |
When law alone isn't enough: to protect works from unwanted exploitation, new technology must bolster the legal system. | Law | George Vradenburg |
When litigating over computer systems, plaintiffs and defendants both need to be aware of preconceived notions jurors have about software performance. | Law | James J. Marcellino, Douglas S. Rice, Donna M. Sherry |
When things go wrong: hazy insolvency regimes are flip side to business success.(In Focus: International Law) | Law | Perry B. Newman |
Where business is king: London's Commercial Court hears international clashes.(United Kingdom) | Law | Mark Heaney |
While many of the current reform proposals call for imposition of a flat tax on income, their enactment could result instead in a consumption-based tax. | Law | Daniel I. Halperin |
Who's who. (top communications lawyers) | Law | |
Why notaries get little respect. | Law | Michael L. Closen |
Windows 95 can alter law firm's operations; the new operating system offers firms some new applications, but it must be installed with care.(Legal Tech) | Law | Chris Maas |
Wired and wireless services free today's lawyer: transmission of information has been revolutionized, yielding a smorgasbord of equipment. (Legal Tech) | Law | Jerrold J. Eisen |
With many courts expanding the responsibilities of attorneys to non-clients, both law firms and their insurers are likely to face increased financial exposure. | Law | Ronald E. Mallen, Jeanette Traverso |
Without trial lawyers, common law withers. | Law | Ralph Jonas |
With the tuna-dolphin controversy expected to resurface, Congress faces a catch-22: compliance with GATT provisions could infuriate the 'green' lobby. | Law | James P. Walsh |
Women at law schools dissed, disadvantaged. | Law | Linda R. Hirshman |
Women in imminent danger from the law. | Law | Michael G. Dowd |
Workplace violence generates two kinds of torts; courts are recognizing negligent hiring as a separate cause of action from negligent retention. | Law | Robert A. Clifford |
Wrong balance? (protection of civil liberties versus protection against terrorism)(Editorial) | Law | |
Wrong way to pull plug on smut. (proposed Communications Decency Act) | Law | David M. Nadler, Kendrick C. Fong |
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