The National Law Journal 1996 |
Title | Subject | Authors |
7th Circuit: HMO isn't a monopoly; as a recent Wisconsin case shows, defining a relevant market for health care antitrust purposes has become increasingly difficult. | Law | James T. McKeown |
A bill of rights for software is issued; new PTO guidelines stress that computer programs be treated the same as other technology.(Intellectual Property) | Law | Willis Higgins, John Girvin, Keith Stephens |
Accountants, no longer at risk of being sued for aiding and abetting securities law violations, have recently been found directly liable for their clients' fraud. | Law | Lisa S. Kahn, Laura M. Metcalfe |
A company's ability to prevent disclosure of attorney's notes created during an internal investigation may depend on its use of reports produced in the inquiry. | Law | David G. Keyko |
A Czech window on ethics. | Law | Ronald D. Rotunda |
ADR aids resolution of insurance coverage cases; its advantages for both parties include privacy, jury avoidance, less discovery and lower costs. | Law | Robert H. Shulman, Robert P. Jacobs |
ADR burgeons in cross-border deals. (In Focus: Alternative Dispute Resolution) | Law | Dana H. Freyer |
ADR methods can streamline mass tort actions.(In Focus: Alternative Dispute Resolution) | Law | William K. Slate II |
Ads that compare are still up in the air under British trade marks act; two High Court decisions provide advertisers little guidance on use of rival marks in advertisements.(Intellectual Property) | Law | Toni Vitale |
After 'Matsushita,' litigants should focus on the due process limits on a state court's authority to settle claims over which it lacks jurisdiction. (securities class action suits) | Law | John C. Coffee Jr. |
After 'McKennon,' employers cannot be sure that after-acquired evidence of an employee's fraud or misconduct will bar recovery in a suit against the company. (McKennon v. Nashville Banner Publishing Co.) | Law | Arthur F. Silbergeld |
After 'O'Connor v. Coin Caterers,' the question remains: When does replacing an employee with a younger employee become actionable age discrimination? | Law | Eric J. Wallach, Leslie Reider |
A lack of adequate counsel shames U.S. | Law | Gerald Coles |
A lawyer's thankless, but vital, duty. (attorney's reflections on acting as client's conservator) | Law | Marc S. Mandell |
Alternative sentences: not just women's issue. | Law | Anne Hawke |
Although employers' restrictions on relationships between employees can give rise to claims, some restraints on office romances may withstand challenge. | Law | Lawrence A. Michaels, Tracy L. Thornburg |
Angst-ridden British royals ponder reform; feeling a strong blast of public disapproval, the queen may permit constitutional changes. | Law | Jenny Grove, Sarah Caudwell |
An SEC advisory committee has released a report proposing to replace existing transaction-based securities registration with a company registration system. | Law | Stephen I. Glover, Lanae Holbrook |
Anti-compete pacts iffy; covenants meant to restrict employee mobility might not pass muster in the courts.(Corporate Counsel) | Law | Lawrence F. Carnevale, Michelle A. Locher, Deborah J. Verdile |
Anti-Cuba sanctions may violate NAFTA, GATT: provisions of the Helms-Burton bill penalizing dealers in seized property would impede trade. | Law | Kenneth L. Bachman, Ricardo A. Anzaldua, Amy Deen Westbrook |
Antitrust investigations can delay or kill deals; merging parties that fail to prepare adequately for agency review may endanger the deal.(Transactions Special) | Law | Steven C. Sunshine, Charles E. Biggio |
Antitrust rules regulate E.U. joint venture forms; concentrative, cooperative and structural cooperative joint ventures have key distinctions.(International Law) | Law | Matthias Jaletzke, Thomas Lampert |
A patent and trademark split could benefit PTO; pending bills propose a PTO corporate status, but some want a 'PO' and 'TMO' as well.(Intellectual Property) | Law | Louis T. Pirkey |
Appeal of navy gay case flawed. (Thomasson v. Perry) | Law | Chai Feldblum |
A premature deadline for disclosure: Rule 26(a), requiring disclosure of expert opinion and other demonstrative evidence, may pose preclusion and timing problems.(Trial Technology) | Law | Gregory P. Joseph |
A recent case limits an officer's exposure in selling securities before a corporation revises its earnings projection downward. | Law | Arthur F. Mathews, Robert E. Hoyt |
Are 'net providers liable for users' infringment?(Focus: Copyright) | Law | Edward H. Rosenthal, Jeanne Hamburg |
Are sports moves next in IP law? Recent patent, copyright and trademark law developments could suggest novel IP uses.(Intellectual Property) | Law | Robert M. Kunstadt, F. Scott Kieff, Robert G. Kramer |
Around the country, parties are litigating the issue of whether a provision of the 1995 Private Securities Litigation Reform Act amending RICO is retroactive. | Law | Dennis J. Block, Stephen A. Radin, Diane Harvey |
As Election Day approaches, corporations seeking to make contributions to campaigns face a maze of federal and state regulations that limit expenditures. | Law | Roger M. Witten, Margaret L. Ackerley |
A seller can't hide behind 'as is' clause; irrespective of how well-drafted they are, such provisions do not obviate the seller's obligation to disclose known latent defects.(Real Estate Law) | Law | Bryan Mashian, Shirley S. Lu |
As manufacturers seek approval for more new pharmaceuticals, issues such as the 'learned intermediary' rule will emerge in litigation involving clinical trials. | Law | Michael Traynor |
As our freedoms dwindle, death is a consolation prize. (Two Views of America's Obsession with Death) | Law | Harvard Hollenberg |
Assisted suicide is a federal case. | Law | Todd D. Robichaud |
As states adopt interstate banking even before federal law goes into effect, holding companies mull consolidating subsidiaries. | Law | John L. Douglas, John A. Buchman |
Athletes around the world are challenging the legality of strict liability drug rules that penalize those testing positive for drugs irrespective of culpability. | Law | Aaron N. Wise |
A tiny cheese exchange churns up a giant ruckus; manipulation questions arise as study finds Kraft uses a pint-sized trading room to lower national dairy prices. | Law | Cary Spivak |
A transplant drug case taints the mighty: renowned doctor, prosecutor, lawyers, even a judge feel the heat from a failed prosecution. (Dr. John Najarian) | Law | Tony Brown |
Attorney-mediators face important ethical issues.(In Focus: Alternative Dispute Resolution) | Law | D. Alan Rudlin, Greer D. Saunders, Barbara L. Hulbert |
Authorities conflict on whether the Uruguay Round has created an additional patent extension period for pioneer drugs covered by the Hatch-Waxman Act. | Law | Isaac Jarkovsky |
A well-designed umbrella trust can defer taxes; umbrella partnership real estate investment trusts can facilitate property acquisition.(Real Estate Law) | Law | George Covucci, Andrew Pace |
Back to the legal future: environmental claims come full circle as plaintiffs return to the common law for relief. | Law | Randall G. Vickery, Robert M. Baratta Jr. |
Bank boards ponder adopting new pills; poison pill activity among banks is heating up in response to recent hostile takeovers and pill expiration dates that are nearing. | Law | L. Stevenson Parker, Rajeev Duggal |
Because property contamination can be a hidden risk in many real estate deals, purchasers should obtain environmental site assessments before the closing. | Law | Bruce P. Howard, Paul N. Singarella, David J. Barrett |
Beyond copyright law: how to protect software; the Supreme Court punted in January, so lawyers are looking at patent law, licensing and trade secret remedies. | Law | Dominic Bencivenga |
Bias in drug sentences. | Law | David Levering Lewis |
Bid to reform adoption laws isn't progress. | Law | Nancy Newman |
Billable hour: it keeps on ticking after its licking. (National Law Journal survey shows its persistence) | Law | Ruth Singleton |
Blame managers, not derivatives. | Law | Jonathan R. Macey |
Bold ads help firms position themselves; in the 'battle for the mind' of a potential client, effective position advertising can get a law firm the kind of notice it wants. | Law | Jay M. Jaffe |
Books and more books for beach, field or pool. | Law | |
Borland's win prevents user interface monopolies. (Lotus Development Corp. v. Borland International Inc.)(Focus: Copyright) | Law | E. Leonard Rubin |
Brazil ceases its antipathy toward ADR; new law is government's acknowledgment that enforceabillity of arbitral awards is a prerequisite to raising foreign investment.(International Law) | Law | Aruna Chandra, Mary Rose Brusewitz, Carlos J. Mello |
Brazil courts investors for power sector; to sustain its economic growth, the nation opens its electricity industry to foreign investment.(International Law) | Law | Martin Klepper, Veronica A. Angulo |
British thumbs-up to 'conditional fees.' | Law | Fenton Bresler |
Budget limitations spur privatizations; continued federal belt-tightening will lead to the refinement of existing outsourcing techniques and new forms of privatization.(Public Contracts) | Law | Buel White, Brian Mizoguchi, John Ordway |
Business interruption insurance baffles claimants: not grasping the nature of the coverage, many think they have tort-like claims for lost profits.(Corporate Counsel) | Law | Alan R. Miller |
Business is way too eager to settle. (product liability suits) | Law | Pat Getter |
Buying up the political franchise in America. | Law | Harvard Hollenberg |
Capital pro bono demand is up; funding cuts, coupled with legislative and judicial curtailment of habeas, magnify the need for pro bono death penalty attorneys.(Pro Bono) | Law | Kimball R. Anderson, Bruce R. Braun |
Careerists at DOJ put politics first. (Department of Justice) | Law | David Burnham |
Case against ex-gov embarrasses an AG; prosecutions shed unwanted light on tactics of R.I. office. How did notebooks show up? (case against former Rhode Island Governor Edward D. DiPrete) | Law | Elizabeth Abbott |
CD-ROMs are thrifty in research; CDs represent a less expensive alternative to online searching.(Research & Technology) | Law | Adam Nelson |
CD-ROMs still playing role in the law library; but the medium is threatened by online and Internet services and new, advanced video discs.(Research & Technology) | Law | Sabrina I. Pacifici |
CERCLA exception for lenders remains unclear; until Congress speaks, lenders should avoid control of their borrowers' pollution problems.(Corporate Counsel) | Law | Lisa J. Sotto |
CGL policy is not a panacea for employee claims; courts are apt to uphold denial of personal-injury coverage for liability related to employment.(Corporate Counsel) | Law | George A. Vaka |
Changes in law demand push from private bar; firms may fill the breach caused by funding cuts and restricted caseloads imposed upon the LSC. (Legal Services Corp.) | Law | Laurie D. Zelon |
Changes to U.S. patent law caused by GATT's implementation may establish a new basis for 'advertising injury' coverage of direct patent infringement claims. | Law | Matthew J. Schlesinger, John E. Heintz |
Chile's concessions law facilitates investments; permitting private sector to bid on projects is heart of effort to rebuild national infrastructure.(International Law) | Law | J. Alberto Gonzalez-Pita, Adriana Koeck de Schmidt |
China, Taiwan IP laws approach world standards; two countries that had been on the United States' list of worst IP offenders mend their ways. (Intellectual Property)(International Law) | Law | Laura W. Young |
Chinese industry opens to overseas investment: state-owned enterprises have assumed corporate forms, and M&A activity has started up. (mergers and acquisitions) | Law | Jerome A. Cohen, Nicholas C. Howson |
Circuits uphold summary relief in ADA lawsuits. (Americans with Disabilities Act of 1990)(Corporate Counsel) | Law | Bertrand C. Sellier, Felice J. Batlan |
Claims can reach estate assets' buyer; some courts have held that purchasers of assets in a bankruptcy are not necessarily insulated from successor-liability claims. | Law | Martin N. Flics, Roland S. Young |
CLE business: academic centers and the sun-blessed cashing in. | Law | Lawrence Osborne |
Client service can pay off; using old-fashioned courtesy, customer tracking, surveys and focus groups, law firms can retain clients and gain new ones. | Law | Deborah Brightman Farone |
Clinton couldn't decide where to jump. (in U.S. policy toward Cuba) | Law | David L. Rabin |
Coalition challenges state law guarding 'net IP; advocates argue that a Georgia statute violates free speech and interstate commerce.(Intellectual Property) | Law | Jeffrey R. Kuester, Matthew C. Kramer |
Collaborating doctors: potential price-fixers? Though medical networks enjoy lenient antitrust treatment, many seek more protection. | Law | Michael Sennett, Mark D. Bauer, Lisa R. Scalpone |
Collective investment key to Venezuela recovery; need to revive capital markets and encourage small investors inspires new law, privatization.(International Law) | Law | John L. Keffer, Marilyn P. Moore |
Commercial leases may trap law office tenants; lawyers seeking new space should hire commercial leasing attorneys to help avoid pitfalls.(Law Office Management) | Law | Christoper J. Gulotta |
Common good above profits. (One of These Views Is a Heartbeat Away) | Law | Jack F. Kemp |
Communications law: by limiting regulation and encouraging competition, the new telecommunications act will be a communications industry watershed. (Telecommunications Act of 1996) | Law | Richard E. Wiley |
Community service builds citizenship. | Law | Dennis D. Hirsch, Suzanne Goldsmith |
Companies using color, sound or scent marks may be foiled overseas.(Focus: Trademark) | Law | Daniel Zendel, Dennis S. Prahl |
Computer maintenance raises antitrust issues; manufacturers should think twice before restricting access to problem-solving software.(Intellectual Property) | Law | David O. Johanson, Ron S. Zollman |
Computer technology survey. (done by National Law Journal in 1996)(Illustration) | Law | |
Concentrated government efforts to prosecute fraud, and corporate sentencing guidelines, make compliance programs necessary for health care organizations. | Law | Kim H. Roeder, Sara Kay Sledge |
Congress approves securities law reforms in an effort to streamline regulation, reduce regulatory burdens and promote capital formation for U.S. businesses. | Law | Richard M. Phillips, Gilbert C. Miller |
Congress debates M.D. monopoly on technique.(Focus: Patent) | Law | John D. Murnane, Lisa B. Kole |
Constitution provides no right to be killed. | Law | Jason A. Lief |
Consumption tax proposals such as the flat tax and 'U.S.A. Tax' would affect cross-border transactions and could trigger repudiation of bilateral tax treaties. | Law | Stephen E. Shay |
Contingency law firms can rate partner shares; the partner's interest in the firm can be measured by his or her profit at the time of valuation.(Law Office Management) | Law | Dale A. Schreiber, Richard L. Hecht |
Continuing legal education. | Law | |
Continuing legal education. | Law | |
Continuing legal education. | Law | |
Continuing legal education. | Law | |
Contract notions have corrupted torts. | Law | Sidney K. Kanazawa |
Convention on biological diversity draws attacks; opponents argue that treaty's provisions fail to protect U.S. rights to innovative technology.(Intellectual Property) | Law | Richard J. Blaustein |
Convention on sale of goods: a global U.C.C.? It could bring uniformity to world markets, once citzens of member states learn about it.(International Law) | Law | J. Sorton Jones |
Corporate security lags behind tech upgrades; a new survey of top companies shows that few guard against high technology's liabilities.(Corporate Counsel) | Law | Stuart Smith |
Cost control is key factor in firms' retirement plans; firms are favoring defined contribution plans, such as profit-sharing and 401(k) programs, as retirement savings vehicles. | Law | E.A. Haralampu |
Courage, Mr. Clinton: regulate, don't haggle. (don't yield to attempt be tobacco industry to evade responsibility for cost of medical care of smoking victims) | Law | Richard Kluger |
'Coursepack' opinion alarms textbooks publishers; a 6th Circuit decision allowing a copy shop to sell excerpted texts to students is not final.(Intellectual Property) | Law | June M. Besek |
Court clarifies Process Patents Act; recent decisions by the Federal Circuit interpret the statute's 'materially changed' standard.(Intellectual Property) | Law | Leora Ben-Ami, Donald L. Rhoads |
Court may grant tax benefits to export software.(Focus: Taxation) | Law | Timothy C. Frautschi, Elizabeth S. Idelman |
Court-reporting costs becoming less steep: new technology and the law of supply and demand have contributed to lower rates. | Law | Stephen G. Traflet |
Courts around the country are addressing whether employers may be liable for the negligent hiring, supervision and retention of employees who harm others. | Law | Roy A. Ginsburg |
Court says exclusion is unclear; the Indiana Supreme Court has held that an 'absolute' pollution exclusion did not bar coverage.(Corporate Counsel: Environmental Special) | Law | John A. MacDonald |
Courts examine whether judicial review of arbitration awards can be expanded by contract and whether federal agencies can agree to binding arbitration. | Law | Jeffrey W. Sarles, Hugh R. McCombs |
Courts help distinguish contract disputes from false-claims violations; recent decisions may help curb False Claims Act suits by qui tam relators and government.(Public Contracts) | Law | Timothy J. Hatch, James C. Dougherty |
Courts now find same-sex harassment to be actionable, but they vary on the relevance of a defendant's sexual orientation. | Law | Jay W. Waks, SaraJane Steinberg |
Courts uphold employment arbitration clauses.(In Focus: Alternative Dispute Resolution) | Law | Sean T. Quinn |
Cracking down on teens and taxi cabs; saying it wants to protect shoppers, mall managers incur wrath of kids and cabbies. (Mall of America near Minnesota's Twin Cities) | Law | Dale Kurschner |
Creditors, beware: juries find new basis for award; an $11 million verdict for collection abuse alarms some: it was based not on consumer law, but on common law. (Texas) | Law | Jacqueline Lynn |
Crime does not pay, or punishment. | Law | George B. Spiegler |
Crime isn't always a federal case. | Law | Otto G. Obermaier |
Danger may await Internet shoppers; security breaches can occur when credit card numbers are transmitted over the Internet.(Internet Law) | Law | Ilene Knable Gotts, Rebecca R. Fry |
Deafness should not affect jury selection. | Law | Michael Schwartz |
Debate persists on rights to online components.(Focus: Copyright) | Law | Mark F. Radcliffe |
Debates need minor players. | Law | John C. Klotz |
Decisions expand equal protection rights; court ends exclusion of women at VMI and grants equal protection status to gay men and lesbians. (Virginia Military Institute)(Supreme Court Review) | Law | Kathleen M. Sullivan |
Dedicating retirement plan assets to charities is one way to avoid confiscatory income and estate taxes, when these assets are not needed for other purposes. | Law | Sanford J. Schlesinger |
Defense of marriage - or attack on family? (Defense of Marriage Act) | Law | Todd D. Robichaud |
Delaware focuses on limited partnership issues; Chancery Court rules on special litigation committees and joint venture agreements.(Transactions Special) | Law | John H. Small, Daniel P. Conneen |
Dilution Act may limit commercial parodies; ads poking fun at another's famous mark may no longer be allowed under the new law.(Intellectual Property) | Law | Theodore C. Max |
Disposal of radioactive waste may breed liability; biotech companies must devise effective strategies to minimize potential Superfund exposure. | Law | Andrew N. Davis, Charles F. Timms Jr., Lee D. Hoffman |
Dissent over rent can cost creditor; the issue is whether post-petition rent payments to an undersecured creditor will reduce its secured or its unsecured claim. | Law | John J. Rapisardi, Gary T. Holtzer |
Diverse in many ways; clients include basketball players, rap stars and buttoned-down bankers. (Chin, Wright and Branson) (Boston, Mass.) | Law | Maria Shao |
Document assembly systems promote efficiency. (for law firms) | Law | Robert L. Blacksberg, David E. Kiefer |
Document spoliation claims require timely investigation; a litigant must prove both that material documents existed and that an opponent destroyed or failed to produce them. | Law | Rolin P. Bissell, James M. Holston |
Dominican Republic eases rules for foreigners: registration of investments in once-restricted or forbidden industries has been simplified. | Law | Luis R. Pellerano, Pedro O. Gamundi |
Don't rely yet on the 'Gore' decision. (BMW of North America v. Gore) | Law | Pamela Anagnos Liapakis |
Don't tailor patent law for special interests. | Law | Robert M. Kunstadt |
'Downsized' partners may bring ADEA suits; dismissed partners who can be characterized as employees may claim age discrimination.(Law Office Management) | Law | Jeffrey P. Ayres, Larry R. Seegull |
Early birds sit pretty: Chicago's Altheimer & Gray moves fast to gain East Europe business. | Law | Diana Bentley |
Eastern states convene over ozone compliance; under its 1990 Clean Air Act revisions, Congress set up an Ozone Transport Commission.(Corporate Counsel: Environmental Special) | Law | Michael J. Meagher, Craig Jakubowics |
EC registration offers advantages to owners; registrants are offered a single process for the protection and renewal of marks EC-wide.(Intellectual Property) | Law | Elisabeth A. Langworthy, B. Brett Heavner |
Employees may recover for businesses' broken promises; more courts are now permitting at-will workers to sue their employers under the tort theory of fraudulent inducement.(Employment Law) | Law | David A. Skidmore Jr., Deborah S. Adams |
Employers increasingly rely on the 'same-actor inference' as a defense in some bias lawsuits in which the hirer and firer are the same person. | Law | Jay W. Waks, John Roberti |
Employers may police some workplace romances; limiting prohibitions to only the most problematic relationships can prevent employee lawsuits.(Corporate Counsel) | Law | Melinda Socol Herbst |
Employers win foreign specialty worker ruling; the DOL is now barred from enforcing key planks of a rule against H-1B program firms.(Employment Law) | Law | Mary E. Pivec |
Employment law's 1995 top 10 list. | Law | Gerald D. Skoning |
'Employment services' may trigger act; California law now may subject personal managers to licensing requirements. | Law | David A. Steinberg, Yakub Hazzard |
Encryption ensures privacy of online expression.(Focus: Copyright) | Law | Robert T. Haslam, Thomas P. Maliska |
Enforcers focus on IP issues: standard setting in high-tech industries draws scrutiny when IP rights exclude competitors. (intellectual property) | Law | James B. Kobak Jr. |
Environmental law: although the EPA recently issued its final policy on the confidentiality of a company's environmental self-audit, numerous questions remain unanswered. | Law | Laurence S. Kirsch, J. Walter Veirs |
Environmental loss may be valued in many ways; melange of law, accounting and economics is used in computing the damages of contamination.(Corporate Counsel: Environmental Special) | Law | Jeffrey L. Baliban, Kenneth W. Biermacher |
EPA has authority to regulate biotechnology under several statutes; it relies on acts aimed at toxic substances and pesticides, along with environmental laws. | Law | Jerome C. Muys Jr. |
EPA moves to cooperative approach; the new model stresses cost-conscious decision-making of regulators, industries, citizens.(Corporate Counsel: Environmental Special) | Law | Camilla Day Buczek |
EPA needs reshaping but not wiping out. (US Environmental Protection Agency) | Law | Alan Charles Raul |
Epidemiology studies can resolve liability issues; the weight accorded scientific evidence turns on statistical clout and a clear presentation. | Law | M. Elizabeth Karns |
Equivalents evidence is expanded; 'Hilton Davis' widened range of factors for finding infringement under doctrine of equivalents.(Intellectual Property) | Law | Bob Chiaviello |
ERISA pre-empts many HMO claims; but courts are split on whether HMOs can be vicariously liable in state-law malpractice suits. | Law | Erica B. Garay, Alan S. Rutkin |
Ethics rules for ads may cover Web sites. (World Wide Web, legal advertising) | Law | William E. Hornsby Jr. |
EU court action may help U.S. companies. | Law | Anthony Gardner |
EU recycle laws could spark trade war. (European Union) | Law | Rod Hunter |
European Union's directive will expand wage-earners' rights; the legislation has significant implications for U.S. companies with operations in Europe.(International Law) | Law | Malcolm Mason |
Even businesses that have written noncompete clauses may need to prove the existence of a trade secret or its imminent disclosure to enforce the agreement. | Law | James J. Marcellino, Anthony A. Bongiorno |
Evidence rap remanded; but judge in Benlate case says DuPont and lawyers may have acted illegally. | Law | Bill Rankin |
Executors are reinstated in Dorik Duke estate fight; New York's high court raps trial judge for removing them without a hearing. | Law | Gary Spencer |
Exporters of eco-technology seek IP protection; the 1994 TRIPs Agreement offers global patentability for most environmental products.(International Law) | Law | Gregory J. Glover |
Face the facts: law is business. | Law | Russell G. Pearce |
Fairness opinion issues: anything but routine; even when investment bankers do not negotiate a deal, their fairness opinions may be vital.(Transactions Special) | Law | Stephen I. Glover, Doretha M. VanSlyke |
Fax services can handle multiple transmissions. (law firm outsourcing) | Law | Max Slifer |
Federal affirmative action programs, following Adarand, are being revamped to promote diversity through measures that don't use racial or gender preferences. | Law | Rosemary Maxwell, Steven G. Reade |
Federal Circuit expands recovery of lost profits; patent owners now may be able to recover damages for profits lost for unprotected articles.(Intellectual Property) | Law | William C. Steffin |
Federal courts now approve settlements that contain bar orders in cases other than securities litigation, as long as third-party due process rights are protected. | Law | Jeffrey I. Pasek, Mark C. Stephenson |
Federalization trend culminates in dilution law; the Trademark Dilution Act may render state laws obsolete but fails to define some vital terms.(Corporate Counsel) | Law | Richard L. Kirkpatrick, Sheldon H. Klein |
Federal role attacked by habeas reform bid. | Law | Jeremy G. Epstein |
Federal, state bills challenge same-sex marriages; bills in Congress would deny them federal recognition; state bills would ban them outright. | Law | Philip Greenberg, Gerald B. Gasman |
Federal, state laws govern arbitration subpoenas.(In Focus: Alternative Dispute Resolution) | Law | Mark D. Colley, Laura E. Gasser |
Feingold Amendment raises interpretation issues; the law seeks to bar defense contractors from making some domestic incentive payments.(International Law) | Law | Javade Chaudhri |
Finally, handheld computers have come of age; once derided as an impractical techno-toy, the personal digital assistant now deserves a hand.(Legal Tech) | Law | Richard Leiter |
Firms eschew expertise of consultants; lawyers have failed to exploit the advice of expert speakers in areas such as financial planning, stress, teamwork and creativity. | Law | Ian Lowell Heller |
Firms have an impact on women's rights issues; working in tandem with public-interest organizations, they fill a need that is only increasing.(Pro Bono) | Law | Kathy Rodgers |
Firms now plan asset purchases; as capital equipment expenses increase, prudent firms should consider financing alternatives. | Law | Arthur P. Freierman |
First cases before new NAFTA forum suggest its power will increase; Commission on Environmental Cooperation hears disputes involving North America. | Law | Stephen L. Kass |
First steps in the law: a look at how four young attorneys spend their first year after graduation.(Careers) | Law | Audrey Richardson, Emily Sidorsky, Douglas Velvel, Nicole Deering |
First use: key test in Internet domain disputes.(Focus: Trademark) | Law | Robert C. Cumbow, Richard L. Baum |
FLCs face licensing hurdles in host countries; despite ABA efforts, foreign legal consultants are subject to inconsistent rules worldwide.(International Law) | Law | Sydney M. Cone III |
Florida's 'Matlock' beats Big Tobacco; a folksy manner helps secure a landmark victory that may prove the first of many. (Norwood Wilner) | Law | William Marden |
FMLA calls for proper designation; the Family and Medical Leave Act requires employers to classify absences as FMLA leave and to notify employees in writing.(Employment Law) | Law | Lawrence A. Michaels, Mary Courtney Burke |
FMLA's reach extends to contingent work force; regulations issued by the DOL offer Family Medical Leave Act coverage to temporary labor.(Corporate Counsel) | Law | Mary E. Pivec, Nina Massen |
Following the recent 'Varity' decision, employers may be sued under ERISA for misrepresentations regarding benefits plans. (Varity Corp. v. Howe) | Law | Kathleen McKenna, Allan H. Weitzman |
Following up on client surveys fosters loyalty; the key to client retention is to ensure that a 'mostly satisfied' client is 'completely satisfied.' | Law | Merry Neitlich |
'Fonovisa' revisits issue of vicarious infringement; a 9th Circuit decision involving pirated music may be troubling for flea market operators.(Intellectual Property) | Law | Mark A. Flagel, Ann K. O'Brien |
Foreign entities whose Web sites violate U.S. laws relating to drug advertising, securities offerings or obscenity may subject American affiliates to prosecution. | Law | Daniel E. Troy, David J. Goldstone |
For outside accountants, the new obligations imposed by the securities litigation reform act go way beyond classical GAAS. (generally accepted auditing standards) (part 1) | Law | Harvey Pitt, David B. Hardison |
For the first time, a U.S. district court has allowed a defendant to introduce into evidence the results of a polygraph exam. | Law | Paul J. Curran, Gregory J. Wallance |
Fraudulent conveyance laws can nullify buyouts; if intentional or constructive fraud is found, a bankruptcy court will void leveraged deals.(Transactions Special) | Law | David Preiser, Kevin Collins |
FTC targets deceptive cyberspace advertising; the agency, along with the SEC and state attorneys general, has begun bringing enforcement actions involving online ads.(Internet Law) | Law | Thomas C Morrison , Robert W. Lehrburger |
Gearing up for energy deregulation; lawyers retool; 'everybody is trying to (be) a lobbyist.' | Law | Bill MacKenzie |
Good call on Internet smut. | Law | David M. Nadler, Kendrick C. Fong |
Grandparents' visitation rights are not ironclad; protracted legal battles over grandparent visitation are unlikely to produce the sort of benefits that children of divorce need. | Law | Gerald L. Nissenbaum, Stephen C. Maloney |
Groupware installations are cooperative ventures. (for law firms) | Law | Jay Weiser |
Hastening death is a person's right. | Law | Sidney D. Rosoff |
Having made changes to the proposed regulations, the IRS issued final rules affecting the generation-skipping transfer tax. | Law | Jonathan G. Blattmachr, Georgiana J. Slade |
Hazy fee-shifting rule paves way for litigation. (attorney fees)(Focus: Copyright) | Law | Christopher A. Bloom |
Heeding the call to fill service gap; in the wake of cuts to legal aid, D.C. lawyers respond to judges' plea to donate their services. | Law | Robert N. Weiner |
He left his 'most cynical' readers; being a well-known writer 'creates a presumption in your favor,' says ex-lawyer.(Richard North Patterson)(Interview) | Law | |
He wants answers 'in a few words.'(in-house counsel John L. McGoldrick of Bristol-Meyers Squibb Co.)(Interview) | Law | |
High court hears case on state power over banks; at issue is whether states can prohibit nationally chartered banks from selling insurance. | Law | Warren F. Cooke |
High court must hear assisted suicide case. | Law | Ellen H. Moskowitz |
High court should review mass torts. | Law | Linda S. Mullenix |
High court's 'Lotus' ruling will stifle innovation. (Lotus Development Corp. v. Borland International Inc.)(Focus: Copyright) | Law | William T. McGrath |
High Court takes care of business; almost half of the court's rulings involved business cases and they largely favored corporations.(Supreme Court Review) | Law | Mark I. Levy |
His reach knows no bounds. (Lawyer of the Year: Kenneth W. Starr) | Law | |
HMO conversion trend spurs closer oversight; as more non-profit HMOs seek for-profit status, legislatures tighten laws to curb abuses. | Law | Andrew J. Demetriou, Bruce John Shih |
Hong Kong: on trial; the Chinese takeover of the colony in 1997 puts its legal system in doubt. | Law | Simon Winchester |
Hope for out-of-style liberal litigation. | Law | Stephen C. Halpern |
'Hopwood' disregarded U.S. Black experience. (Hopwood v. Texas, federal decision jeopardizing affirmative action programs) | Law | Leland Ware |
How to succeed in a (still) masculine world; the main thing is to go in with no illusions and play the game hard - their way.(Careers) | Law | Martha Lufkin |
HUD slams the 'shams' with rules on a lender's ability to pay employees for referrals, join in certain business arrangements and lock out the competition. | Law | Paul H. Schieber |
ICH sets standards for drug developers; conference with the E.U. and Japan seeks to reduce drug approval time, cost. (International Conference on Harmonisation)(International Law) | Law | Stephen A. Bent, Paul M. Booth |
If idea is in public domain, don't complain. | Law | Robert G. Sugarman, Nadja Webb |
ILSA perplexes foreign firms; provisions of the Iran and Libya Sanctions Act fail to give firms clear rules on taboo activities.(International Law) | Law | Jeffrey L. Snyder |
Immunity isn't forever. (immunity granted for testimony) | Law | Lawrence K. Dubin |
In a dearth of disclosure lies exposure; the 'bespeaks caution' doctrine and safe-harbor rules do not eliminate the need for policies governing corporate disclosures.(Corporate Secretaries) | Law | Kathleen M. Gibson |
In a novel ruling, the 6th Circuit holds that attorneys may be liable in a 'Bivens' action if they've seized goods that allegedly infringe a copyright or trademark. | Law | Douglas Y'Barbo, Theodore F. Shiells |
In Chile, environmental law awaits regulations; but until new regs are enacted, the statute itself renders much guidance for foreign investors.(International Law) | Law | John A. Detzner, Pedro Aylwin |
Increase in American depositary receipt offerings in the United States during the first half of 1996 points to renewed interest in offshore securities investments. | Law | Robert A. McTamaney, Elizabeth M. Cursio |
Independent counsel idea gone awry. | Law | Abner J. Mikva |
In gestational surrogacies, all parties must bear risk; a child genetically related to both parents can be born to a surrogate, raising myriad legal issues governed by nascent statutes. | Law | David E. Loder, Lisa W. Clark |
'Inherently distinctive' gains new clarification.(Focus: Trade Dress) | Law | Barry Werbin, Darlene Fairman |
In-house probes reveal liabilities; counsel should ensure that all privileges are preserved when conducting investigations.(Corporate Counsel: Environmental Special) | Law | Michael B. Gerrard, Irvin B. Nathan |
In patent cases, antitrust counterclaims misfire.(Focus: Patent) | Law | David A. Henderson |
In Russia, bribe ban is causing difficulties; the Foreign Corrupt Practices Act may be difficult to interpret now that firms are privatized.(International Law) | Law | Christopher F. Dugan, Vladimir L. Lechtman |
Installing technology overseas. (in law offices) | Law | Leo S. Spiegel |
Institutional investors under the securities litigation reform act should think twice about taking a back seat in class actions. | Law | Harvey Pitt, Dixie L. Johnson |
Insurance? It's in the bank; victories before courts and regulators are causing banks to broaden insurance activities.(Corporate Counsel) | Law | Ronald R. Glancz, Juliana Schulte O'Reilly |
Insureds likely to be liable for gaps in coverage; a company that self-insures or goes bare for a time typically is deemed to have assumed risk.(Corporate Counsel) | Law | John C. Yang, Laura A. Foggan |
Intergenerational accord eases estate planning; children who are included in family estate planning are less likely to later challenge the will. | Law | Gerald Le Van |
'Intermercials' may run afoul of advertising laws; 'Net advertisers need to study a variety of legal issues before engaging in cybermarketing.(Intellectual Property) | Law | Douglas J. Wood |
Internet seen as means of providing legal notice; cyberspace offers a better way to reach far-flung claimants in class actions and other cases.(Legal Tech) | Law | Joseph M. Fisher |
In the 10 years since 'Meritor,'hostile-environment harassment cases have focused on key concepts such as duty to investigate and severity of conduct. | Law | Arthur F. Silbergeld |
In the recently passed appropriations bill, Congress clarified when lenders and fiduciaries are liable under CERCLA for cleanup of property held as collateral. | Law | Baxter Dunaway, Andrew C. Cooper |
Investigators on big cases must be accountable; lawyers should make sure that investigators know the case and applicable evidence rules. | Law | Bart M. Schwartz |
Investing in Vietnam just got easier: new regulations that relate to foreign exchange controls and copyrights attract investors. | Law | K. Minh Dang, Duc V. Trang |
In 'Vicars,' 7th Circuit limits 'escape hatch' to district court to cases in which nonbankruptcy federal law must be interpreted. | Law | Alan B. Miller, Jeffrey L. Tanenbaum |
ISO 14001 sets a global environmental standard; the specification could become the model for regulators and prosecutors here and abroad. (International Organization for Standardization)(International Law) | Law | Donald A. Carr, William L. Thomas |
It is a mistake to view insurance policies as self-executing; most companies can preserve coverage for their future claims by providing 'notice of circumstances.' | Law | Edward J. Beder Jr., Rebecca E. Kuehn |
It's annual report time again. But this year, public companies that neglect their 10-K discussion and analysis of financial condition may find themselves liable. | Law | Alan H. Paley, William D. Regner |
It's changers vs. towers in battle for CD dollars; firms should be aware that the price and capability of the two configurations can vary widely.(Legal Tech) | Law | Harry Petty |
It's cosy in the castle with the drawbridge up. (new asylum regulations) | Law | Arthur C. Helton |
Judge: 37 years of school case is enough; but original plaintiffs and allies fear backsliding in long-running Florida dispute. (Judge Elizabeth Kovachevich orders end of court supervision in long-running school desegregation case) | Law | Linda Gibson |
Judges playing stop the clock. (inappropriate delays in trial) | Law | Barry A. Miller |
Judicial appointments: cautious approach advised. (for Pres. Bill Clinton's second term) | Law | Carl Tobias |
Judicial Conference seeks ways to cut rent and building costs; with a budget increase unlikely, courthouse construction is scaled back. | Law | Tom Jackman |
Judicial excellence safeguards all. (The Road Traveled, the Road Ahead) | Law | Bill Clinton |
Juries revalue wrongful deaths; lawyers say panels are rendering larger damage verdicts to survivors. | Law | |
Lame duck period outmoded in 1990s. | Law | Milo C. Mason, Paul B. Smyth |
Lanham Act at 50: some history and comment.(Intellectual Property) | Law | Beverly W. Pattishall |
Large layoffs of librarians not seen yet; Baker & McKenzie's outsourcing of library staff hasn't triggered a trend, but several smaller firms say such a move is prudent. | Law | Laura Gatland |
'Late' notice is held not to bar excess coverage; a N.Y. court recently ruled that an excess insurer must prove it was prejudiced by the lateness.(Corporate Counsel) | Law | Lorelie S. Masters, Karen J. Weiner |
Latest case to deal with 'encroachment' upon a franchisee seems to be based more on the franchisor's bad faith than an implied covenant not to compete. | Law | Byron E. Fox, Henry C. Su |
Law firms can reduce Internet security risks; use of proxy gateways, packet filters and encryption restricts outsiders' network access.(Internet Law) | Law | John Herron |
Law firm security can exist beyond the network; document protection programs offer attorneys various ways to improve their confidence. | Law | Adam C. Nelson |
Law firms should consider Internet alternatives: the Internet's expense and lack of an information filter make it less than optimal for some.(Research & Technology) | Law | Paul D. Healey |
Law firm web sites: going beyond the brochure: areas for other professionals and full or partial interactivity could draw larger audiences. | Law | Louis S. Robles |
Law librarians become tech sleuths, panelists from all strata agree: keeping up with changes means being even more resourceful.(Panel Discussion) | Law | |
Laws against IP piracy may stop some purveyors of porn. (intellectual property)(Internet Law) | Law | Anthony M. Keats, Jeffrey K. Joyner |
Law schools, libraries look to own private 'nets; the boon to academia includes multimedia course materials, online study groups and more.(Research & Technology) | Law | Mark Giangrande |
Lawyers and firms reap benefits, too; pro bono work helps attorneys garner recognition, experience as well as find fulfillment. | Law | Curtis M. Caton |
Lawyers' attacks on judges risk censure. | Law | Michael A. Cardozo |
Lawyers can revive their profession's image by rededicating themselves to their basic mission. (Assaults on the Bar Demand Action)(ABA '96) | Law | N. Lee Cooper |
Lawyers must counter attacks on the judiciary and educate the public about the Constitution. (Assaults on the Bar Demand Action)(ABA '96) | Law | Roberta Cooper Ramo |
Lawyers need to heed title insurance fine print; a policy may include exclusions but also may contain provisions that greatly expand coverage.(Real Estate Law) | Law | Harvey L. Temkin |
Lawyers on juries may be bad idea. (Manhattan) | Law | Arthur C. Helton |
Lawyers planning their estates can exploit trusts; trusts avert probate and defer taxes; buy-sell agreements protect partnership interests. | Law | Jeremiah W. Doyle IV |
Lawyer's role in accidents called murder; prosecutor says lawyer took on allegedly staged incidents; his defense says there's no case. (personal injury sole practitioner Gary P. Miller) (California) | Law | Gail Diane Cos |
Lawyers should go for Olympic Gold, too! (comparison of practice of law to various Olympic events) | Law | Lawrence Savell |
Lecherous clients may be costly for companies; employers may be subject to lawsuits when customers sexually harass employees.(Corporate Counsel) | Law | Margaret S. Garvey |
Legal tactic compels suspicion ... or else. | Law | Stefan B. Herpel |
Legal-thriller author gives tips to wannabes; outline, rewrite and keep your butt in the desk chair. (Q and A with Phillip Margolin)(Interview) | Law | |
Lenders may prefer deeds-in-lieu to foreclosure; in deeds-in-lieu transactions, borrowers in default cede property to their lenders, often saving them time, costs.(Real Estate Law) | Law | Ronald Weinstein |
Lessors win bankruptcy claim status; the 2d Circuit recently awarded landlords a priority for claims against Chapter 11 debtors, allowing losses to be paid in full.(Real Estate Law) | Law | Howard Seife |
Let judges set punitive damages. | Law | Paul Mogin |
Letting down the law. (lawyer discipline) | Law | Lawrence A. Dubin |
Licensees should clarify software revision rights; parties should negotiate use, ownership and exploitation rights in program alternations.(Intellectual Property) | Law | Barry Nemmers |
Like doctors, lawyers should serve residencies. | Law | Arline Jolles Lotman |
L.L.C. and L.L.P. formats can benefit law firms; by operating as limited liability corporations and partnerships, firms can avoid dual taxation. | Law | John W. Simpson |
Lloyd's dodges big bullet on appeal; a ruling that its insurance contracts are subject to SEC regulation is reversed. (Allen v. Lloyd's of London) | Law | Alan Cooper |
Load of liability linked to Web sites; commercial page owners brave IP claims and other legal perils.(Legal Tech) | Law | Mark D. Kaminky |
LSC backers real ones to blame. (Legal Services Corporation) | Law | Patrick J. Manshardt |
M&A activity in the 1990s centers on positioning; mergers are now strategically driven, spurred by competition or fear of becoming a target.(Transactions Special) | Law | Peter Allan Atkins |
Madrid agreements protect trademarks abroad; international alliances in addition to the new EC system help harmonize trademark law.(Intellectual Property) | Law | Robert J. Koch, Sandra A. Riley, Patricia L. Gibbon |
Male chauvinist piggery still reigns. (in the legal profession) | Law | Lorraine Dusky |
Managed-care gag cheats the patients. | Law | Wendy K. Mariner |
Mandatory bar membership must go. (California) | Law | George M. Kraw |
Market demands a shift in professional development; a more competitive economy requires law firms to revamp training programs, install research technology and change attitudes. | Law | Stephen V. Armstrong, Kathy M. Morris |
Marks hard to break in '96 games; infringers will face high hurdles under sponsor-protection plan.(Intellectual Property) | Law | Bruce W. Baber |
Mass torts: now ripe for mediation; although they typically involve complicated technical issues, such cases still can be resolved more effectively outside of court. | Law | D. Alan Rudlin |
Mediating ADA claims. (Americans with Disabilities Act)(In Focus: Alternative Dispute Resolution) | Law | Matthew W. Daus |
Mediation in divorce prevents bloody fights. | Law | Lenard Marlow, Grier Raggio |
Memories can be real, but still incorrect. | Law | Daniel L. Schacter |
Mexican natural gas trade opens to privatization; to spark investment in storage, transportation and distribution sectors, Pemex monopoly ends.(International Law) | Law | Charles Bleil, Julio Rivera |
Militia claims baseless. | Law | David Williams, Morris Dees |
Modeled in part on expedited federal court procedure, the FTC's new 'rocket docket' allows for the completion of administrative proceedings in 13 months. | Law | Robert W. Doyle Jr. |
Modern law librarian must be technology-savvy: a knowledge of media formats, information sources and trends in publishing is now necessary.(Research & Technology) | Law | Kathie J. Sullivan |
Month by month: the year that was. (The Year in Review, 1996) | Law | |
More foreign firms file IP claims in U.S. courts; an increase in foreign ownership of domestic IP rights demands a cross-border litigation strategy.(Intellectual Property) | Law | Lawrence B. Friedman, Ayala Deutsch |
More fraud cases are referred for prosecution; a criminal referral may be vital to anti-fraud efforts but cedes control to government officials.(Corporate Counsel) | Law | Jonny J. Frank, Wendy C. Schmidt |
More hospitals eye conversion to taxable status; the benefits of access to equity markets and physicians' capital may outweigh new tax liability. | Law | Robert Zinkham, Marian C. Jennings |
Multimedia technologies aid litigators; presentation systems store huge numbers of documents for immediate retrieval and interactive highlighting in the courtroom. | Law | Kevin M. Hout, Richard De Bodo |
Multiple policies are false security; in-house counsel with several roles may be denied coverage on malpractice, D&O policies.(Transactions Special) | Law | Eugene R. Anderson, Joshua Gold |
Negligence ebbs as basis for title insurer liability; more courts hold that only the terms of a policy should be grounds for insurer liability. | Law | Albert E. Yorio |
'Net license: favored way to protect IP: content owners find that a well-drafted license best protects property online. | Law | Mark Kaminky |
'Net use raises issues of jurisdiction; 'minimum contacts' rules can subject Internet users to lawsuits in faraway forums.(Intellectual Property) | Law | Dale M. Cendali, James D. Arbogast |
'Net users could face IP liability; the Internet has made available a wealth of data, a great deal of which is subject to copyrights.(Intellectual Property) | Law | Christopher Wolf |
Neutrality isn't always even-handed policy. | Law | Gary J. Simson |
New act likely to spawn even more M&A activity; sweeping telecom law offers opportunities for convergence in an industry already teeming with mergers and joint ventures. | Law | Erwin G. Krasnow, Lawrence R. Sidman, Kathy D. Smith |
New business courts gain acceptance; but plaintiffs' lawyers seek to block state legislation. | Law | Elaine R. Friedman |
New compliance review procedures proposed by the OFCCP allow officers to conduct off-site inspection of contractors' affirmative-action related records. (Office of Federal Contract Compliance Programs) | Law | Mark L. Goldstein |
New computer crime statutes close loopholes; under amended federal law and new state law, misuse or denial of access can be a criminal act.(Internet Law) | Law | Mark J. Biros, Thomas F. Urban II |
New FASA contracting method offers agencies unprecedented power; the use of multiple-award-task-order contracts may leave low bidders no remedy. (Federal Acquisition Streamlining Act of 1994)(Public Contracts) | Law | Kenneth B. Weckstein, Raymond Fioravanti |
New federal emissions standards cover landfills; regulations now recognize that landfills are significant sources of local, regional air pollution.(Corporate Counsel: Environmental Special) | Law | Scott M. Turner, Kurt W. Rieke |
New law firm partners face tax consequences; newly minted partners need to become familiar with the tax effects of their promotion. | Law | Ira Akselrad, Mark Szubiak |
New Oleans grain ship crash churns legal waters, too; question: will maritime or landlubber law prevail? | Law | Mark Ballard |
New opinions defer to state law, courts; the court upholds state court class action settlements and laws limiting excessive jury awards.(Supreme Court Review) | Law | Linda S. Mullenix |
New strategies add spice to retreat proceedings; organizers can use a variety of methods to capture attorneys' attention during firm retreats.(Law Office Management) | Law | Rees W. Morrison, Daniel R. White |
NFL owners drive hard on antitrust playing field; a 9th Circuit ruling weakened league authority. Now three franchises are suing for more financial autonomy. | Law | Shaun Assael |
NHRA fixes standards for private suits; by establishing a benchmark for quality of care, the act has become the basis for a number of lawsuits against nursing homes. (Nursing Home Reform Act) | Law | H. Kennard Bennett |
Non-profit hospitals show no mercy to creditors; in bankruptcy, their corporate structures allow them to 'cram down' plans of reorganization. | Law | Leo T. Crowley |
Novel 'Early Assessment Program' cuts costs; as implemented in the Western District of Missouri, EAP encourages parties to settle before engaging in long, costly discovery. | Law | Jerome Wolf, Kent Snapp |
Obligatory pro bono solves nothing. | Law | George M. Kraw |
Okla. bombing judge brooks no nonsense; local lawyers predict a fair trial, with no O.J. Simpson-style media circus. (Richard Matsch) | Law | Ryan Ross |
Online content providers search for protections; for now, creators must rely on a melange of technological self-help, contract clauses and law.(Intellectual Property) | Law | Jeanne E. Longmuir, Daniel J. McMullen |
Online licensing can yield benefits for software sellers; vendors can avoid shrink-wrap notice problems by requiring buyers to view license terms.(Internet Law) | Law | Fred M. Greguras, Trudy A. Golobic, Rebecca Duncan |
'Opt-in' class actions pose hard discovery issues; FLSA and ADEA plaintiffs often seek discovery of the names of all potential 'class' members.(Corporate Counsel) | Law | Jay S. Berke |
Organ transplant market would save lives. | Law | Lloyd R. Cohen |
Our new look.(The National Law Journal newspaper)(Editorial) | Law | |
Outsourcing and temps pose novel ethics issues; law firms should follow current conflict-of-interest canons when using contract attorneys. | Law | Andrew Redisch |
Outsourcing software overseas; foreign developers offer savings so long as risks are minimized.(Intellectual Property) | Law | Kevin P. Cronin |
Overhaul of Clean Air Act rules dismays industry; the EPA's proposed new source review rules would limit many plants to past emission levels. | Law | Robert T. Connery |
Panoply of laws applies to employees' addictions; employers face a myriad of legal hurdles in responding to workers' substance abuse.(Employment Law) | Law | Jennifer Catlin Tucker |
Parent companies face increased risk of liability; in employment, CERCLA cases, courts impose liability without piercing the corporate veil.(Corporate Counsel) | Law | Lawrence A. Levy |
Partners can lessen lease debt threat; now that landlords no longer offer them non-recourse leases, law firms must find ways to reduce potential partner liability. | Law | Lynn A. Williams, Patrick A. Ramsey |
Partnership pact should cover personal adversity; a partner's death, bankruptcy or divorce can disrupt a firm, unless a written accord exists.(Law Office Management) | Law | Terence Floyd Cuff |
Patent applicants should avoid ambiguous terms; patentees should consider how their applications will be viewed by courts in subsequent suits.(Intellectual Property) | Law | Paul E. Lacy, John J. Gresens |
PBS films require great performances backstage; rights clearances and contract negotiations are in the frontline of producers' responsibilities. (Public Broadcasting Service)(Intellectual Property) | Law | James M. Kendrick, Matthew C. Lefferts |
Poland's IP laws open doors to foreign trade; the former communist country is fostering private enterprise by reforming trademark laws.(International Law) | Law | Piotr Kochanski |
Police officer violence and brutality awards are 'cost of doing business.' NYU. (excerpt from "Edge of the Knife: Police Violence in the Americas.") | Law | Paul Chevigny |
Policing the 'Net's red light district; efforts to combat obscenity imperil online providers.(Internet Law) | Law | Daniel L. Appelman |
Political demagoguery threatens judiciary. | Law | Marvin E. Frankel |
Polygraph exams could limit employers' losses; employers are permitted to use properly conducted polygraph tests to deter employee theft.(Corporate Counsel) | Law | Laurie Zeligson |
Pool probes elicit array of data; supplemental juror questionnaires expose bias and yield a wealth of information while protecting the privacy of respondents.(Juries and Evidence) | Law | Charles Kauffman, Kathleen C. Kauffman |
Potential for fabricating recorded evidence grows: technological advances in audio and video recordings may affect court admissibility standards.(Trial Technology) | Law | Jordan S. Gruber |
Practice sales may be allowed; the ABA and some states now permit the sale of law practices under prescribed conditions.(Law Office Management) | Law | Michael R. Brown |
Prep courses for nervous 1Ls - like wearing suspenders, belt? | Law | Peter Morrison |
Private censorship is uniquely dangerous. | Law | Martin Garbus, David Y. Atlas |
Procedure for measuring damages to resources is a taint upon Superfund; CERCLA reform is futile without modification of NRD provisions imposing open-ended liabilities. (natural resource damages)(Corporate Counsel: Environmental Special) | Law | Warren L. Dean Jr., Kenneth R. Dickerson |
Productive boards face periodic self-evaluation; corporate secretaries often are called upon to assist their boards in formulating effective self-assessment strategies.(Corporate Secretaries) | Law | Katherine McG. Sullivan |
Project financing poses distinct risks for lenders; when a tenant defaults or declares bankruptcy, landlord and lender are often opposed. | Law | James I. Hisiger, Elissa Ganbarg Benudis |
Proposals would widen E.C. antitrust jurisdiction.(Transactions Special) | Law | James R. Modrall, Giuseppe Scassellati-Sforzolini |
Proposed law would imperil refugees. | Law | Stephanie Marks |
Prosecutions and punitives for malpractice rise, slowly; convictions of physicians as well as punitive damage awards against them in cases of death have gained notice, but remain rare. | Law | Francis P. Bensel, Barbara DeCrow Goldberg |
Prosecutors granted leeway in forfeitures; decisions give the government broad authority to expropriate criminal defendants' property.(Supreme Court Review) | Law | Ira Mickenberg |
Protectionism is alive and well in U.S. bar. | Law | Phil Brennan Jr. |
Proud and wary, prison project director bows out. (Alvin J. Bronstein, outgoing director of ACLU's National Prison Project)(Interview) | Law | |
PTO, courts broaden rights of biotech inventors; changes in the law have paved the way for the allowance and enforcement of new claims. (Patent and Trademark Office)(Intellectual Property) | Law | Jean B. Fordis, Rebecca M. McNeill |
PTO reviews past pacts and plots future course; international accords are at the heart of Patent office efforts to improve IP protection worldwide. (Patent and Trademark Office - excerpt from a publication of this office)(Intellectual Property) | Law | |
Puablic-interest firms crop up on the right; proposed by Lewis Powell, they've won credit with Reagan-Bush judges; suits with agendas. | Law | Roger K. Newman |
Public electric utilities will vie under new rules; under the FERC proposal, utilities will be able to sell to customers in other states.(Corporate Counsel) | Law | Arthur J. Harrington |
Public should judge judges' worth. (The Road Traveled, the Road Ahead) | Law | Bob Dole |
Publishers, authors battle over electronic rights; debate over allocation of rights; debate over allocation of rights and money sparks lawsuits and birth of the Authors' Registry.(Intellectual Property) | Law | John B. Kennedy, Shoshana R. Dweck |
Punitive damages reform moves to the state arena; with federal tort reform shelved, state legislatures have beaten Congress to the punch on exemplary damages caps. | Law | Marshall S. Turner, Andrew T. Houghton |
Questions regarding patent practice remain after the Supreme Court's decision that the court, rather than the jury, should determine a patent's scope. | Law | Gary M. Hoffman, John A. Wasleff |
Quietly, intranets boom; in-house incarnations of the Internet are teeming in major corporations, without fanfare.(Research & Technology) | Law | Giuliano Chicco |
Race to courthouse may result in needless fees; coverage litigation often entails overbroad claims, defenses and mammoth discovery demands.(Corporate Counsel) | Law | Mitchell J. Auslander, John R. Dutt |
Rape convict gets a chance to prove alibi: ten years into a 90-year prison term, Missouri man gets a rare hearing from the 8th Circuit. | Law | Tom Jackman |
Realistic expectations: key to mediation success; counsel should advise that defense victories and huge damage awards rarely result from mediation. | Law | Bruce Howard |
Recalling the papers and the papers. (Pentagon Papers and the 1960s) | Law | Martin Garbus |
Recent cases brought under the Americans with Disabilities Act hinge upon interpretations of 'disability' as well as 'essential functions' of a particular job. | Law | Bruce J. Kasten, Thomas G. Servodidio |
Recent government policy changes, including relaxation of Superfund liability, might encourage more purchases of 'brownfields,' or contaminated properties. | Law | Carey S. Rosemarin, Christina M. Riewer |
Recent SEC enforcement actions enhance efforts to narrow gap between municipal and corporate disclosure obligations. | Law | Roger L. Davis, Reece Bader |
Recruiting tools cut guesswork; firms supplement the interview process with methods designed to find the right mix of skills. | Law | Carolyn M. Wehmann |
Red tape slows setup of China joint ventures: mastering the first stages of establishing a joint venture is essential to avoiding pitfalls. | Law | Yanlei Wu |
Reductions: verdicts reduced after trial. | Law | |
Referendum on fees tilts toward defense. (on Lawyer Contingent Fee Limitation Act) (California) | Law | Wayne Eastman |
Regulations' aim: get the lead out; the EPA and HUD issue a rule that requires notice and disclosure of lead-based paint to home buyers, renters.(Real Estate Law) | Law | Randall S. Abate |
Regulations issued pursuant to the 1994 Federal Acquisition Streamlining Act are designed to encourage commercial entities to compete for public contracts. | Law | Kent R. Morrison, Edward Jackson |
Releases can minimize litigation arising from a reduction in force; but in order to withstand legal challenge, a release program should comply with the ADEA. (Age Discrimination in Employment Act)(Corporate Counsel) | Law | Richard S. Zackin, J. Timothy McDonald |
Relocations pose custody concerns; when custodial parents try to move away with the children, non-custodial parents may protest - but with infrequent success. | Law | Claudia A. Pott, Kala Shah |
Remedial actions limit an employer's liability; corrective action can absolve a company of a supervisor's harassment in many circuits.(Corporate Counsel) | Law | Michael A. Kalish, Lisa R. Schneider |
Remember: lawyering is business; to be a success, you have to be more than good: you have to market yourself.(Careers) | Law | Carroll Seron |
Repeal Employment Act. | Law | Timothy Lynch |
Restore flexibility to U.S. sentences. | Law | Dave Kopel, Paul (American politician) Simon |
Retirement portfolios need focus; implementing a strategy will change the reactive nature of investing to a planned activity. | Law | Julie Jason |
'Retroactive liability' is challenged; courts, Congress may curb CERCLA liability, but how far they go raises some concerns.(Corporate Counsel: Environmental Special) | Law | Mark D. Tucker |
Reversals: verdicts reversed after trial. | Law | |
Review commission recommends eliminating district court-level appeals in favor of direct appeals from bankruptcy judges to the 12 regional circuit courts. | Law | Nathan B. Feinstein, Timothy B. Branigan |
Revised rules govern domain name disputes; to adequately preserve their rights, new registrants should file for trademark protection.(Intellectual Property) | Law | Seyamack Kouretchian |
Rights to Web sites can be difficult to sort out.(Focus: Copyright) | Law | David Simon, Ying Chen, Hal Barza |
Rise seen in retailer bankruptcy; commercial tenant's Chapter 11 filing can be a new lease on life, but it forces landlord to react. | Law | Howard E. Kane, Leroy G. Inskeep, Mark P. Naughton |
Russian law reformers need outside support. | Law | Nicholas A. Arena |
Safety team laws may collide with the NLRA; pressure is mounting in Congress to pass legislation aimed at resolving this issue.(Corporate Counsel) | Law | Mark A. Nordstrom |
Savings achieved by recent government procurement reforms could be offset by unavailability of the 'government contractor defense' or an increase in fraud. | Law | Thomas A. Schweich |
SEC adopts new rules of practice; while the new rules do not provide for compulsory pre-hearing discovery, they generally are favorable to respondents. | Law | William H. Kuehnle |
SEC, Congress clarify securities disclosure issues; the recent reform act and new SEC proposals will help simplify some reporting requirements.(Corporate Secretaries) | Law | Merrill B. Stone |
Selecting a new board is a negotiating challenge; negotiators must choose, from two existing sets of directors, the members of the new board.(Transactions Special) | Law | Katherine McG. Sullivan, Holly J. Gregory |
Serving two masters may jeopardize client interests; although not all conflicts of interest are harmful, a client may be impaired by an industry lawyer's other relationships. | Law | Owen J. Sloane |
Setbacks beset Rwanda genocide tribunal: administrative woes, official meddling threaten to thwart the U.N.'s legal initiatives. | Law | Mark Rice-Oxley |
Settlements reached after trial. | Law | |
Shareholder rights plans are under board review; as 1980s rights plans expire, clients try to adopt formulas that withstand court review.(Transactions Special) | Law | Andrew R. Brownstein, Steven A. Cohen |
Should a company circulate a favorable analyst's report to potential investors? A recent line of cases suggests the practice could expose a company to liability. | Law | Frank M. Placenti |
Should products liability cases be permitted to proceed as class actions? Many courts have said no, refusing to certify the class. | Law | Sheila L. Birnbaum, J. Russell Jackson |
Simpson trial lawyers: a big contrast; plaintiffs' lead counsel is praised for good preparation; opponent gets marks for style. (O.J. Simpson wrongful death trial) (California) | Law | B.J. Palermo |
Smart search systems help to dredge data bases; diversity of data sources spurs evolution of high-tech tools for accurate information retrieval. | Law | Lawrence Orlowski |
Software provides support services on command. (for law firms) | Law | Barbara D. Morgan |
South Africa, India secure U.S. marks; recent Commonwealth decisions should benefit U.S. companies doing business in these forums.(Intellectual Property) | Law | Michael I. Davis |
South Africa's labor act widens old law's scope: the new Labour Relations Act includes collective bargaining, dismissal and strike provisions. | Law | Talbert I. Navia, Michael R. Littenberg |
So you want to become a federal judge by 35? Follow these instructions and, who knows, maybe they'll work for you too.(Careers) | Law | Alex Kozinski |
Spies, lies and politics: a criminal case linked George Bush and Saddam Hussein. How to defuse it? (excerpt from 'Shell Game: A True Story of Banking, Spies, Lies, Politics and the Arming of Saddam Hussein') | Law | Peter Mantius |
Splitting 9th Circuit needs more thought. | Law | Carl Tobias |
'Stark' law's definitions restrict group practices; the law bars referrals by certain physicians to entities with which they have financial relationships. | Law | Richard H. Blacker |
Starr flap shows need for reform. (Kenneth W. Starr, former judge, solicitor general and most recently Whitewater prosecutor) | Law | Abbe D. Lowell |
Starting to register: moving-image marks; the trend toward registering non-traditional marks has extended to moving images on various media.(Intellectual Property) | Law | George R. Stephanopoulos, Erik W. Kahn |
State False Claims Acts can add sharp teeth. | Law | Richard Vuernick |
State insurer insolvency system in need of repair; unqualified, poorly supervised receivers have provoked calls for overhaul and federalization.(Corporate Counsel) | Law | Francine L. Semaya, Lenore S. Marema |
States deny treaty rights to foreign defendants; countries now are challenging convictions of foreign nationals denied assistance of consul. | Law | Robert F. Brooks, William H. Wright Jr. |
Statute eases certification standards: the Federal Acquisition Reform Act, which reduces unnecessary requirements, may attract newcomers to federal contracting. (Federal Acquisition Reform Act of 1996)(Public Contracts) | Law | John B. McDaniel, O. Kevin Vincent |
Statutes may thwart foreign telecom infringers; U.S. laws offering damages and injunctive relief may facilitate protection of IP telecom rights.(Intellectual Property) | Law | William K. Jr. Wells |
Stock fraud case awards? Go figure; calculating compensatory damages in securities fraud cases is no simple matter. | Law | Arthur H. Rosenbloom, Kurt Kroboth |
Stogies no longer just for old fogies; though it's hardly PC, cigar smoking has become popular among younger lawyers. | Law | Greg Collins |
Subordination, nondisturbance and attornment agreements - known as SDNAs - protect tenants, landlords and lenders in the event of foreclosure. | Law | Michael G. Smooke |
Supercarriers compete in global arena; as leading telecom providers battle for the business of multinationals, the FCC begins to establish ground rules for competition. | Law | Craig A. Masback, William T. Lake |
'Suspect' reports on Jewell had some merit.(Richard Jewell) | Law | Jane Kirtley |
Tainted-air suits waft into courts; in the absence of legislation on indoor air quality, plaintiffs see litigation as the only recourse. | Law | Joseph M. Manko, Bart E. Cassidy |
Takeover battles now rage on the Internet; contests waged via the Web raise concerns about insurgents' duties.(Transactions Special) | Law | David J. Berger, Marthe LaRosiliere |
Tax benefit of L.L.C.s enhances investment: U.S. firms investing in Asian markets can benefit from use of a limited liability company. | Law | Donald J. Hess |
Telecoms' rise radically revamps real estate law; novel property problems include control of corridors, zoning, obstruction of nonwire transmissions and revising old documents.(Real Estate Law) | Law | Thomas F. Geselbracht, Theodore I. Yi |
'Televaulting' can help small firms retain files; lawyers without MIS support can use an online file backup service to save their drafts.(Legal Tech) | Law | Howard Marson |
Temptation list: gift books for the holidays. | Law | |
Tenant improvements create tax quandaries; few landlords and tenants fully consider the tax consequences of starting and ending leases.(Real Estate Law) | Law | Howard N. Solodky |
The 3d Circuit, following a judicial trend, recently refused to uphold a class action that had been certified to effectuate a settlement in the asbestos cases. | Law | Michael V. Corrigan, Joseph M. McLaughlin |
The 5th Circuit's approval of a no-opt-out, mass tort settlement that forecloses the rights of future claimants raises basic due process issues. | Law | John C. Coffee Jr. |
The 9th Circuit has held that investment bankers may have professional and fiduciary duties that are broader than those enumerated in their contracts. | Law | Frank M. Placenti |
The American Law Institute will soon consider whether to alter a restatement principle that could affect an insurer's right to direct the defense of its insured. | Law | Ronald E. Mallen |
The application of the strict liability principle to prescription drugs in failure-to-warn cases has spawned divergent case law. | Law | Sheila L. Birnbaum, J. Russell Jackson |
The best way to go, when it's time to move; now that the profession is more volatile, it helps to map out the road ahead.(Careers) | Law | Jonathan Lindsey, June Eichbaum |
The deathless practice of law. (leaving dead partners' names in a firm name leads to confusion and deceit) | Law | Ronald J. Resmini |
The Delaware Supreme Court, in two recent decisions, has clarified the application of the corporate-opportunity doctrine. | Law | Edward P. Welch, Andrew J. Welch |
The development of smart cards, an electronic substitute for cash, raises a host of regulatory issues that the Federal Reserve Board is just beginning to address. | Law | David B. Lipkin |
The EPA is formulating a rule that will expand the types of 'credible evidence' that can prove Clean Air Act violations. | Law | David Sive, Daniel Riesel |
The European Union has become antitrust player; investigations of mergers and other global deals costs U.S. companies money and time - and are proliferating. | Law | Diana Bentley |
The exclusionary rule was appropriately used. (in United States v. Bayless) | Law | Chester L. Mirsky |
The firm goes khaki, but no t-shirts, please; buttoned-down lawyers go casual, but very cautiously. | Law | Chris Klein, Greg Collins |
The FTC has proposed, in a newly released staff report, that efficiencies be considered when a proposed merger is evaluated for anti-competitive impact. | Law | Joe Sims |
The high court erases a stigma. (decision in Romer v. Evans that Colorado's Amendment Two violated constitutional equal protection clause) | Law | Tom Stoddard |
The Internal Revenue Service has issued its long-awaited regulations on modification of debt instruments, but troubling questions remain. | Law | Peter L. Faber |
The IRS, in recently released final regulations, has clarified when executive pay that exceeds $1 million may be deducted by a publicly held corporation. | Law | Mary R. Hevener, Stewart Reifler |
The Lanham Act and state unfair-competition laws may not protect sponsors and organizers of the coming Olympics from the tactics of ambush marketers. | Law | Paul Fields, Eric A. Prager |
The lingering shame of 'Plessy v. Ferguson.' (100th anniversary of U.S. Supreme Court's 'separate but equal' decision) | Law | John Conyers |
The NASD's proposed changes to its arbitration procedures would affect rules on eligibility, punitive damages, discovery and the selection of arbitrators. (National Association of Securities Dealers) | Law | David E. Robbins |
The pitfalls of fidelity insurance; banks seeking coverage for employee fraud face four hurdles: timely notice, discovery, termination and manifest intent. | Law | Andrew M. Reidy, Barbara M. Tapscott |
The presidential campaign is off to a dirty start. (Republican criticism of President Clinton for his judicial appointments) | Law | Steven Lubet |
The recent 'Barnett Bank' decision, upholding a bank's right to sell insurance in small towns, leaves many issues unresolved. | Law | John L. Douglas, John A. Buchman |
The recently enacted Economic Espionage Act, which makes trade secret theft a federal crime, specially addresses theft perpetrated via the Internet. | Law | R. Mark Halligan |
The revised antitrust enforcement policy for health care supports using the rule of reason to analyze physicians' joint ventures and multiprovider networks. | Law | David Marx Jr. |
The SEC, recognizing that many transactions between a public company and its insiders may not affect the markets, has revised the rules for Sec. 16. | Law | Lawrence K. Cagney |
They're in-house, online an on top of high tech; corporate counsel are constantly on the line, confronting questions that have no clear legal or business precedent. | Law | Wendy Leibowitz |
They scan docket sheets instead of the stock tables; two San Francisco attorneys pioneer a new way to profit: financing plaintiffs' appellate defense of big judgments. (Michael Blum and Alan Zimmerman) | Law | Eric Freedman |
Things are looking up - if you're already in: right now, it's the lateral market that's jumping; it's harder for new graduates.(Careers) | Law | Paula A. Patton |
This term, the Supreme Court held that punitive damages can be excessive. Now it's up to the lower courts to determine just how much is permissible. | Law | Andrew L. Frey, Evan M. Tager |
Time for Supreme Court to mop up a mess. (US Supreme Court has granted certiorari in takings case of Suitum v. Tahoe Regional Planning Agency, gaining thereby an opportunity to clarify this body of law) | Law | Gideon A. Kanner |
Times they are a-changin' - and so are we! (aging of the Baby Boom generation) | Law | Scott A. Smith |
To down a stealth juror, strike first; there are ways to detect a fact-finder who tries to slip through voir dire on a mission to sabotage a case.(Juries and Evidence) | Law | Edward M. Bodaken, George R. Speckart |
Together and apart: two juries, one trial. (Oklahoma City bombing trial) | Law | James B. Fleissner |
Tools to aid job seekers sort wheat from chaff; when firms put on their best faces, clever questions can get to the truth.(Careers) | Law | Anne C. Weisberg |
Trade spike spurs tax treaty talks; multinationals press Clinton administration to end double taxation. | Law | Claudia Maclachlan |
Traditional meaning of 'collapse' is undermined; insurers should heed the trend among courts to adopt a broad definition in coverage disputes.(Corporate Counsel) | Law | Stephen J. Paris, Cynthia R. Koehler |
Tread carefully across state lines. (ethics of interstate law practice) | Law | Geoffrey H. Hazard Jr. |
Tribunal depends on the kindness of foes. (International Criminal Tribunal on the Former Yugoslavia) | Law | Mark Rice-Oxley |
True tales have a price. (motion picture or television studio's rendering of the law) | Law | Lawrence B. Friedman |
Two circuits reject mass tort classes; opinions by the 5th and 7th circuits and proposals to revise Rule 23 may signal an industry-protective stance by the courts. | Law | E. Michael Bradley, Michael W. O'Donnell |
Two recent, but unrelated, proposals will alter spinoffs. The first, affecting Morris Trusts, has generated opposition, while the second is largely procedural. | Law | Martin B. Amdur, Mark Hoenig |
Two recent decisions, one from the Supreme Court, the other from the 7th Circuit, raise questions about equitable subordination of claims in bankruptcy. | Law | Michele J. Meises, Martin E. Jacob |
Two recent high court cases list GVR criteria; court clarifies when recent developments justify orders that grant, vacate and remand. (grant, vacate and remand) | Law | Theodore B. Olson, John K. Bush |
Two renegade circuits split again on trade dress; establishing their own tests for product configuration, 2d and 3d circuits eschew 'Two Pesos.'(Intellectual Property) | Law | Joseph R. Dreitler |
Two views of America's obsession with death: cavalier defense leads to the death penalty for many. | Law | Stephen N. Maskaleris |
UCC Article 2b would govern software licensing.(Focus: Licensing) | Law | Raymond T. Nimmer, Holly Keesling Towle |
Under its amnesty program, the Consumer Product Safety Commission will waive penalties for firms that disclose previously unreported product hazards. | Law | Mark F. Foley, James F. Stern |
Under 'Markman,' the jury is out in patent cases; High Court ruling promotes uniformity but eviscerates jury role - and will trigger appeals.(Intellectual Property) | Law | Jane Michaels, Alan N. Stern |
Under regulations that recently went into effect, the U.S. may claim a share of a federal contractor's accrued pension surplus when a business is sold or closed. | Law | Robert S. Metzger |
Under the Amateur Sports Act, all disputes between American athletes and the U.S. Olympic Committee must be submitted to arbitration for resolution. | Law | David A. Botwinik, Diane Rapisarda |
Under the IRS' proposed 'check the box' regulations, conversion of an existing corporation or partnership to a limited liability company would be simplified. | Law | John F. Walker Jr. |
Under the Uruguay Round Agreements Act, the Department of Commerce must make sunset reviews of antidumping orders five years after imposition. | Law | Joseph W. Dorn, Stephen A. Jones, Stephen J. Orava |
Unions in Mexico and U.S. have striking distinctions; laws of both countries guarantee workers; rights, but in Mexico, registration with the government is prerequisite to unionization.(International Law) | Law | Gerard Morales, Octavio Novaro |
Unpublished opinions stunt common law. | Law | Peter A. Joy |
Unstopped by Blizzard of '96; forget postmen - it was lawyers trudging to work. | Law | Arthur S. Hayes |
Untangling the Web is the key to 'Net legal research; devising an effective research strategy requires a familiarity with the Internet's capabilities.](Legal Tech) | Law | Thomas Scharbach |
U.S. cocaine lord faces challenge; a buyer of medical cocaine wants the DEA to end a seller's longtime sales lock. | Law | Cynthia Cotts |
Uses for a firm's web site go beyond marketing; large and small law firms also use home pages for recruiting and to keep clients informed.(Internet Law) | Law | Todd A. Corham |
Usinessbay eedsnay ecretsay odescay. (value of encryption in protecting trade secrets and law enforcement's need to gain access to information involved in crime) | Law | M. Christopher Bolen, Donna R. Chmura |
U.S. legal system: a burden on trade. | Law | Christopher B. Kende |
U.S. urges opening of foreign telecom markets; the United States has sought to spur the continuation of global telecommunications talks.(International Law) | Law | Scott Blake Harris |
Verdicts: the big numbers of 1995. | Law | |
Verdict trends in 1995 disregard the clamor: congressional tort revision uproar has had little effect. | Law | |
Victims' rights advocates on a roll; president's endorsement of constitutional amendment follows recent court victories. | Law | William G. Kleinknecht |
Violence in American culture is deeply rooted. | Law | Barry R. Schaller |
Violent films cry 'fire' in crowded theaters. | Law | Michael Zimecki |
'Vitrionics' sets road map for patent construction; the Federal Circuit ruled that if a claim term in unambiguous, extrinsic evidence is barred.(Intellectual Property) | Law | Ronald J. Schutz, Darren B. Schwiebert |
Volume discounts: a developing idea. (Gary P. Van Graafeiland, senior vice president and general counsel of Eastman Kodak Co.) | Law | |
Watering the money tree; by reforming their financial practices, firms can increase collections and raise revenues. | Law | Barbara Lewis, Dan Otto |
Weave a brightly colored tale for jury; 'if you get into abstracts, you lose a lost of people.' So he humanizes the plot. (William M. Shernoff) | Law | Margaret Croning Fisk |
Web-based intranets aid document management; 'net technology bolsters firms' electronic library capabilities with ease of use and little cost.(Research & Technology) | Law | Todd P. Nugent |
Web progresses as source of primary legal material; Web sites provided by law schools, private publishers and government entities offer free access to cases, statutes and bills. | Law | Deborah M. Keene, William Morse |
Web-site hypertext links raise issues of control; links can pluck content from other sites and falsely imply affiliations between site owners.(Internet Law) | Law | Stuart D. Levi |
Web sites can enhance existing client relations; a well-designed Web site is an effective way to retain clients as well as recruit new ones.(Legal Tech) | Law | Robert L. Blacksberg |
We need a little vulgarity. (restrictions of freedom of speech can be carried too far) | Law | Richard Dooling |
What happens to a license for intellectual property when one party to the agreement files for bankruptcy? The answer depends on the court involved. | Law | Craig M. Rankin, Maureen McQuaid |
When a personal name acquires strong secondary meaning, individuals who have the same surname could be either restricted in or precluded from using it. | Law | Peter S. Selvin, Adam F. Streisand |
When companies go south, labor laws double: companies with operations in Latin America must adhere to U.S. and local employment laws. | Law | Miguel A. Zaldivar Jr., Mark R. Cheskin, Lisa R. Askowitz |
When competition amounts to taking. | Law | J. Gregory Sidak |
When disclosure is 'inevitable,' liability is not; with the Uniform Trade Secret Act and in court, the inevitable disclosure theory loses ground.(Intellectual Property) | Law | David J. Berger, James A. Di Boise |
When good intentions lead to bad results. | Law | Alexander B. Smith, Harriet Pollack |
When securities analysts are brought 'over the wall' to conduct due diligence in IPOs, their research reports risk improper disclosure of nonpublic information. (initial public offerings) | Law | Frank Placenti |
When the Information Technology Reform Act becomes effective next month, the United States must use private-sector practices to procure new technology. | Law | Alex D. Tomaszczuk |
Where firms found associates: a sampler of law schools that supplied the incoming class of '96.(Careers) | Law | |
Where the 'big boxes' belong; city planning commissions have devised various solutions to the problem of zoning big retailers. | Law | Arthur W. Hooper Jr., Howard Goldman |
While the property reform legislation is stalled in Congress, state as well as federal judges are deciding when wetland regulation is tantamount to a taking. | Law | Richard L. Waters |
Whistleblowers given more time; the 9th Circuit says the False Claims Act's generous tolling provisions apply to qui tam plaintiffs, not just the government. | Law | Robert S. Brewer Jr., James V. Fazio III |
Who shall be answerable for software apocalypse? Millenium-related computing glitches will bring judgment day for vendors and users. | Law | Barry D. Weiss, Ronald J. Palenski |
Will a vital new women's right be withdrawn? (using federal civil rights remedy against gender-based violence) | Law | Julie Goldscheid |
Windows into the world of foreign branches; as law goes global, so do lawyers: veterans of service in different offices tell tales.(Careers) | Law | David Eisenberg, James L. Cuclis, Deborah A. Chapnick, Steven R. Miles |
Without Supreme Court precedent, federal courts struggle with the issue of whether Title VII lawsuits may be brought for same-sex sexual harassment. | Law | Julianna Ryan, John M. Butler |
With the Internet craze reaching the public-offering markets, state, federal and foreign regulators are scrambling to catch up with technological advances. | Law | Bradford P. Weirick |
With the recent decline in interest rates and the flattening of long-term yield curves, more real estate companies are turning to Wall Street for financing. | Law | Eugene A. Pinover, Yaacov M. Gross |
Women lawyers face 'face time,' other biases. | Law | Deborah Rhode |
Work 'for the good' doesn't have to be for free; the ethics rules offer guidance on acceptance of attorney fees. | Law | Esther F. Lardent |
World is getting SLAPP-happy. (strategic lawsuits against public participation) | Law | George W. Pring, Penelope Canan |
World needs an international criminal court. | Law | Richard Dicker |
Year-end strategies can reduce 1996 tax bills; legislative developments have not altered tactics that help ease this year's income taxes. | Law | Martin Nissenbaum |
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