| The National Law Journal 1997 |
| Title | Subject | Authors |
|---|
| 2d Circuit bars suits by 'offshore' corporations; decision precludes Hong Kong, Caribbean companies from bringing suits in federal court. (U.S. Court of Appeals for the 2nd Circuit)(International Law) | Law | William A. Wilson III, Jonathan K. Cooperman |
| 2d Circuit chose poor precedent in 'Hsu.' (whether a public school's religious club can violate school anti-discrimination policy in Hsu v. Roslyn Union Free School District) | Law | Debbie N. Kaminer |
| 2d Circuit is now first wired for video-argument; multiple-monitor setup permits remote appellate argument yet captures feel of the courtroom.(Legal Tech) | Law | George Lange III, Lewis M. Smoley |
| 3-D explorers not well off under Louisiana law; unique co-ownership rights foil oil and gas companies seeking permits for seismic operations.(Natural Resources) | Law | James N. Mansfield III |
| A 2d Circuit decision on fraudulent inducement, which places the burden on the purchaser to discover misrepresentations, appears to go against precedent. | Law | Jack G. Stern |
| ABA rules not enough to control pay-to-play. | Law | Michael A. Cardozo |
| Abortion decision undercuts rule of law. | Law | John C. Klotz |
| Academic tenure isn't just a matter of money. | Law | Jeremy Epstein |
| Acquisition loans pose added risks for lenders: with careful drafting, lenders can reduce risks arising from 'mortgages on mortgages.' | Law | Joshua Stein, James I. Hisiger |
| Acquitted lawyers sue Texaco; malicious prosecution, they say, is company tactic. | Law | Gail Cox |
| ADA rules are more balanced than the critics. (Americans with Disabilities Act) | Law | Jacquie Brennan |
| A district court's ruling limiting consultation with witnesses during deposition could restrict longstanding practices and hinder representation of a client. | Law | Richard L. Jacobson, Rene Y. Quashie |
| ADR clauses in leases call for selective drafting: many, but not all, real estate issues can be resolved quickly by an experienced arbitrator. | Law | Howard Kline |
| After the high court decision in 'Amchem Products Inc. v. Windsor,' can a class action ever be certified only for the purpose of settlement? | Law | John C. Coffee Jr. |
| A health-care organization's ability to exclude a physician from a managed-care plan based on a disability is prohibited by the Americans with Disabilities Act. | Law | David E. Manoogian |
| Alaska's revision of its trust act, which sets out to permit trusts to preserve assets and reduce taxes, may have implications for trust planning nationwide. | Law | Jonathan Blattmachr, Douglas J. Blattmachr, Robert L. Manley |
| Alert compliance programs avert insider trading; the compliance officer should monitor trading by individuals with access to sensitive data.(Corporate Secretaries) | Law | John W. Hetherington |
| A licensee-debtor may sell patent-based stock; First Circuit allows a debtor to effect a transfer of its licenses through the sale of its shares.(Corporate Counsel) | Law | Stewart A. Kagan, Matthew P. Herenstein |
| Although Congress amended sec. 401(k) of the Internal Revenue Code last year to simplify discrimination testing for pension plans, questions remain. | Law | Kathy A. Lawler |
| Although many courts provide for the equitable apportionment of orphan shares under CERCLA, the issue is not yet settled. (part 2) | Law | David Sive, Daniel Riesel |
| Although storm clouds threatened throughout the global warming conference in Kyoto, the conferees reached an agreement on greenhouse gas emissions. | Law | Thomas Richichi |
| Although the Supreme Court tried to clarify how to value secured claims when bankruptcy 'cram down' provisions are invoked, the standards remain unclear. | Law | Jon Yard Arnason |
| A majority of courts limit parties held liable under CERCLA to contribution actions by denying them cost recovery actions. | Law | David Sive, Daniel Riesel |
| Amendment to CERCLA, RCRA affects lenders; a new law helps protect lenders from Superfund liability, but some uncertainties remain. | Law | Douglas O. Cooper, Sophia M. Deseran, Timothy C. Leslie |
| Animal abuse targeted; novel Oregon effort brings together prosecutors, animal protection groups. | Law | Cynthia Scanlon |
| Anti-dumping dispute settlement is now binding; since the establishment of the WTO, a dispute settlement panel report can no longer be blocked. (World Trade Organization) | Law | Joseph W. Dorn, Stephen J. Orava |
| An upcoming UN special session will assess the progress of the global agenda for sustainable development adopted at the 1992 UN Conference in Rio. | Law | Thomas Richichi, Richard J. Ferris |
| A potentially explosive execution. (Timothy McVeigh, convicted Oklahoma bomber) | Law | Thomas M. McDonnell |
| A proposal that recommends judicial review of the U.S. trustee's appointments to creditors' committees leaves important issues, such as standing, unresolved. | Law | Lawrence K. Snider, John J. Voorhees Jr. |
| A recent decision holding invalid a corporate tax shelter is significant for the level of scrutiny the court used to examine purported business justifications. | Law | Peter C. Canellos |
| A report released by the Federal Reserve suggests that regulation of electronic stored-value devices, such as mass-transit cards, will not change significantly. | Law | Walter A. Effross |
| Art of acquisition: adaptation; in the past 20 years, M & A lawyers have modified negotiation strategies to do their deals in a constantly evolving environment. | Law | James C. Freund |
| As a result of the 9th Circuit's en banc ruling in the 'Microsoft' case, contingent workers who had agreed to give up benefits should receive them retroactively. (Vizcaino v. Microsoft Corp.) | Law | James P. Baker |
| As a result of the Delaware Chancery Court's recent decision in 'Caremark,' corporate monitoring and compliance programs may no longer be optional. | Law | Frank M. Placenti |
| As the Bankruptcy Review Commission completes its work, consensus on reform has emerged in many areas, except consumer bankruptcies. | Law | Nathan Feinstein |
| As the competition for electric power heats up, many utilities face the probable loss of existing customers, and winning competitors face Sherman Act liability. | Law | Michael Dotten, Eric Redman, Michael Stoser |
| A tax code we can understand and live with. (taxing consumption would discourage tax evasion) | Law | Milo Mason |
| Athletes cry 'foul!' over NCAA rules; lawsuits challenging the implementation of high school 'core course' eligibility rules shatter association's image of invincibility. (National Collegiate Athletic Association)(Sports Law) | Law | John A. Reding, Peter C. Meier |
| At UN trial, data base is a lifesaver; lessons from war-crimes tribunal may be valuable in creating systems for civil trials.(Juries / Trial Tech) | Law | Thomas J. Eldering |
| Avoiding the courts: literary remedy for libel. | Law | Joseph H. Cooper |
| Bankruptcy review panel makes debut; reform act prompts half the circuits to offer new forum. (United States Court of Appeals for the 10th Circuit Bankruptcy Appellate Panel) | Law | Elizabeth Abbott |
| Bar leaders urge mandatory service, reporting of hours; Florida lawyers divide over a rule that requires them to report pro bono hours; more law schools insist on public service. | Law | Ruth Singleton |
| Battle over encryption export flares; but D.C. lawyers find ways to sell restricted software overseas despite tough controls. | Law | Wendy Leibowitz |
| Because reform of worldwide business ethics will likely be delayed, the U.S. government may help companies avert corruption in foreign procurements. | Law | David Apatoff |
| Behind lawyers' jokes. | Law | Jonathan Kay |
| Beware onslaught of morality laws. | Law | David L. Hudson Jr. |
| Big-Six deals test Justice on antitrust; law affecting partnerships, services, market size unclear. (two proposed mergers of well-known accounting firms) | Law | Ellen L. Rosen |
| Bills to implement WIPO treaties ignite debate; congressional legislation has drawn fire over such issues as fair use and liability of OSPs. (World Intellectual Property Organization, Online Service Providers)(Intellectual Property) | Law | Steven R. Englund, Roberta L. Horton |
| Bomb trial ploy could self-destruct. (Oklahoma Bombing trial) | Law | James P. Fleissner |
| Britons are discovering the 'joys' of federal law. | Law | Fenton Bresler |
| Businesses gain ground in standing; Endangered Species Act ruling will affect many suits. | Law | Marianne Levelle |
| Business lawyers can volunteer, too; not all pro bono work is pure litigation; many projects call on skills of transactional lawyers.(Pro Bono) | Law | Esther F. Lardent, Laurie Zelon |
| Business valuation experts increase; practitioners now encompass economists, accountants and brokers, as well as professors. | Law | Michael G. Kaplan |
| ... But insurance policies could provide protection; companies may seek refuge in traditional policies and in newly introduced year-2000 coverage.(Legal Tech) | Law | Andrew M. Reidy, Robert L. Carter |
| Buyers should look out for IRS estate tax liens; property formerly owned by an estate may have a 'hidden' lien.(Real Estate Law) | Law | John R. Simon, Laura Braunwald |
| Can programs bind humans to contracts? 'Intelligent agents' capable of shopping the Web and entering 'click wrap' pacts wreak havoc with aged contract and agency laws.(Internet/CD-Rom) | Law | Stuart D. Levi, Robert Sporn |
| Capital markets provide funds for projects abroad; such markets are now used to fund infrastructure and energy projects in emerging nations.(International Law) | Law | John C. Ale, Jeffrey E. Eldredge, Kevin P. Lewis |
| Case management system choice: practicality rules; this form of software , which tracks cases and matters, comes in many different formats; selection takes careful research. | Law | Adam C. Nelson, Phillip J. Harnick |
| Cases split on medical-device claim pre-emption; courts differ in applying the test set out in 'Medtronic' to decide if U.S. law pre-empts tort claims.(Food & Drug) | Law | Joseph J. Ortego, Charlotte A. Biblow |
| CD-ROM systems suit law firm storage needs; their high storage capacities, lower cost and ease of network access facilitate attorney use.(Legal Tech) | Law | L.E.E. Sharp |
| CERCLA does not articulate whether shareholders and parent corporations can be liable under Superfund; as a result, federal circuit courts are in conflict. | Law | Mike Myers, Thomas R. Mounteer |
| CFTC shouldn't license the press. (Commodity Futures Trading Commission) | Law | Jane Kirtley |
| Champing at the 32-bit environment: while most offices still operate on a 16-bit system, the next few years probably will witness a widespread technology upgrade. (likely future advances in legal technology) | Law | Robert Blacksberg |
| 'Checkout' time for Ch. 11 panel's 'prepack' proposals: NBRC working group hopes harmonization of bankruptcy and securities statues will promote streamlined reorganization plans.(Chapter 11 bankruptcies and the National Bankruptcy Review Commission) | Law | Jay M. Goffman |
| Children and divorce laws need consistency. | Law | Norma Trusch, Meredith Cohen |
| China is showing an interest in the rule of law. | Law | Douglas Eakeley |
| Circuit courts are split on whether discrimination claims can be compelled to arbitration when collective bargaining agreements include arbitration clauses. | Law | John F. Fullerton III, Paul Salvatore |
| Circuit prohibits import of gray market goods; the 9th Circuit rules first sale doctrine can't limit import ban.(Intellectual Property) | Law | David A. Gerber, David Bender |
| Circuits' decisions may make franchisee victory short-lived. ('Kodak' hits the franchises) | Law | Michael J. Abernathy, Debra S. Rade, Matthew A. Phillips |
| CJRA speeded process but didn't cut costs. (Civil Justice Reform Act of 1990) | Law | Geffrey C. Hazard Jr. |
| Class actions are the '90's form of greenmail. | Law | Daniel P. Shapiro |
| Clinton puts faiths in fed workplace; religious rights lawyers say secular workplace is next. (President Clinton's workplace guidelines for freedom of religious expression) | Law | Arthur S. Hayes |
| Companies that fire employees accused of sexual harassment can usually avoid wrongful-termination liability if they show a good-faith belief in the act occurred. | Law | Gary R. Siniscalco |
| Congress holds hearings in price increases and program access in the cable television industry, with an eye toward reforms that may increase competition. | Law | James W. Olson, Jeffrey D. Ayer |
| Congress to consider data base bill; the Copyright Office issues a report on data base protection; hearings could begin this fall.(Intellectual Property) | Law | Andrew L. Deutsch |
| Continuing legal education. | Law | |
| Continuing legal education. | Law | |
| Continuing legal education. (survey conducted by National Law Journal several times a year) | Law | |
| Corporate alliances must be negotiated carefully; the goal of the parties is to create a structure that could sustain a working relationship. | Law | Thomas F. Villeneuve, Colin Chapman |
| Corporate interests failed to hold sway; this term, the high court handed companies some setbacks in employment and ERISA decisions.(Supreme Court Review) | Law | Robin S. Conrad |
| Counsellors to rising start-ups. (excerpt from online panel discussion on Law Journal EXTRA! Web site among venture capital practitioners)(Panel Discussion) | Law | |
| Court declares no trespass; the three branches and the states should go to respective corners. | Law | Harvey Beckman |
| Court nixes fees for fact witnesses; because of the lack of clear precedent, the N.J. federal court decision may affect corporate litigation strategy nationwide. | Law | J. Elizabeth Sher, Ronald D. Coleman |
| Court reporters now offer a diversity of services; they can provide, at low cost condensed transcripts, instant disks and keyword indexes. | Law | Glenn E. Blazek |
| Courts begin to CD light on CD briefs; electronic filings give courts exact replicas but occupy less space and permit hypertext linking to cited materials.(Legal Tech) | Law | Marc R. Labgold, Kevin M. Bell |
| Courts consistently hold that, despite a special relationship, banks have no duty to disclose customers' check-kiting activities to other banks or to third parties. | Law | Robert S. Fischler |
| Courts differ over whether a franchisor's control over a franchisee creates an agency relationship that will lead to vicarious liability for tortious conduct. | Law | Byron E. Fox, Jennifer L. Jonak |
| Courts disagree on the extent to which the Foreign Sovereign Immunities Act permits pooling of interests and tiering of subsidiaries by foreign governments. | Law | Michael M. Baylson, Clare Ann Fitzgerald |
| Courts do not see eye to eye on scope of protection for product design after the patent expires.(Corporate Counsel) | Law | Gary A. Clark, Keith A. Newburry |
| Court settles settlement class issue; 'Amchem' decision holds that class settlements must provide protection for absent members.(Supreme Court Review) | Law | Linda S. Mullenix |
| Courts have held joint employer obligations to exist in contingent employment and leasing arrangements under both federal employment and labor structures. | Law | Beverly Hall Burns, John H. Willems |
| Courts remain divided over whether a policyholder, in a bad-faith action against an insurance carrier, is entitled to indemnification for punitive damages awards. | Law | Evan H. Krinick |
| Courts rethink ADEA disparate-impact claims; recent Age Discrimination in Employment Act cases question the viability of impact theory.(Employment Law) | Law | Jeffrey S. Klein, Ross E. Morrison |
| Courts stress importance of clear clauses; recent decisions have held that the intent of parties to be bound by or supersede arbitration clauses must be spelled out. | Law | Robert A. Knuti, Jan M. Michaels, Damon N. Vocke |
| Courts to rule budget? | Law | Charles Tiefer |
| Court to consider resale price ceilings, floors; the high court could overturn 'per se' law against maximum resale price maintenance. | Law | Richard M. Steuer |
| Crackdown on sexism can backfire; firing an accused harasser can lead to a retaliatory suit. (Wisconsin lawsuit) | Law | Cary Spivak |
| Crime victims now seek damages from landlords; in the past few years, appellate courts have issued several decisions in the area known as premises security litigation. | Law | Alan Kaminsky, William Ricigliano |
| Criminal defense is often a one-night stand. | Law | Jay Goldberg |
| Criminal rulings primarily benefit the prosecution; court upholds Kansas' Sexually Violent Predator Act as well as broader automobile searches.(Supreme Court Review) | Law | Ira Mickenberg |
| Criminial 'justice' snares a family. (shock to parents when adolescent child is suddenly caught up in the judicial system) | Law | |
| Cryptography can ensure e-mail confidentiality; when not encrypted, e-mail is easy to intercept and may leave privileged materials vulnerable.(Legal Tech) | Law | Kevin J. Connolly |
| Cutting-edge tech can be double-edged sword; unwary employers in a rush to implement new office systems risk employment-related suits.(Legal Tech) | Law | Richard J. Loftus, Michael W. Droke, Michael J. Tonsing Sr. |
| Cyberbusiness needs supernotaries. (certification authorities for electronic transactions) | Law | Michael L. Closen, R. Jason Richards |
| Cybercasts post alternatives to videoconferencing; participants can hear and type in questions to a speaker - and can review running transcripts.(Legal Tech) | Law | Gary D. Robson |
| Cybercops are cracking down on Internet fraud; federal and state officials have stepped up efforts in the battle against info-highway robbery.(Internet/CD-Rom) | Law | Christopher Wolf, Scott Shorr |
| Dangerous ripple effect of free speech ruling. | Law | David L. Hudson Jr. |
| 'Daubert' can undermine psychiatric testimony; Supreme Court's test ought to be applied to challenge mental diagnoses by expert witnesses. | Law | John F. Fielder |
| D.C. Circuit overturns SEC sanctions as punitive; a deficient supervisor should not necessarily be barred from all securities industry jobs. | Law | Kenneth B. Winer, Joseph B. Edmondson Jr. |
| Death for child rapists may not save children. | Law | John Q. Barrett |
| Decisions reflect nature of media; rulings to strike Communications Decency Act, uphold must-carry law, highlight 'Net's interactivity.(Supreme Court Review) | Law | Clifford M. Sloan |
| Defending securities fraud class actions in state courts raises many procedural and substantive issues different from those being litigated in federal court. | Law | Michael A. Lynn |
| Defense of juveniles: a rising need; defendants in juvenile court proceedings require dedicated counsel to protect them from long sentences, time in adult prisons.(Pro Bono) | Law | Patricia Puritz, Wendy Shang, Nicole Johnson |
| Despite ADR consent, IP cases end up in court: licensing disputes referred to arbitration may entail issues requiring court consideration.(Intellectual Property) | Law | Alan L. Mittman, Arnold S. Klein, Loretta M. Gastwirth |
| Despite biz glut, firms push for more clients; rainmaking pressures set in recession remain at full tilt despite boom times. | Law | Elaine R. Friedman |
| Determination on silica may expose flaw in rule; the IARC's finding that silica is 'carcinogenic' may prompt a change in OSHA's standards. (International Agency for Research on Cancer) | Law | John Martin, David Farber, Henry Chajet |
| Directory of law firm pro bono programs.(Pro Bono) | Law | |
| Does being a lawyer make one schizoid? A new book of conversations among lawyers suggests that for many, the answer is yes. (excerpt from "Lawyerland: What Lawyers Talk About When They Talk About Law") | Law | Lawrence Joseph |
| Do not support 'privatizing' of copyright law. | Law | Charles R. McManis |
| Don't split Circuit without a study. (9th U.S. Circuit Court of Appeals) | Law | Carl Tobias |
| Due diligence requires assessing value of all IP; valuation of both patents and marks begins with a search.(Intellectual Property) | Law | William H. Murray, Robert E. Rosenthal |
| Duties to mitigate vary state by state; while Texas' high court recently held a landlord to the duty, appellate decisions in New York, Pennsylvania ruled against it.(Real Estate Law) | Law | Harris Ominsky |
| EEA violations could trigger criminal sanctions; stiff penalties are intended to deter economic espionage by foreign companies in the U.S. (Economic Espionage Act of 1996)(International Law) | Law | Hoken s. Seki, Peter J. Toren |
| EEOC is sending the wrong message. (guidance on what employers must do to comply with ADA standards on treatment of mentally ill employees) | Law | Jendi B. Reiter |
| Effect of domain name on searches is uncertain; counsel must consider whether to add domain names to the search and clearance process.(Intellectual Property) | Law | Glenn A. Gundersen |
| E-mail is the hottest topic in discovery disputes; one litigant seeks facts buried in a data base; the other seeks to avoid burdens of production.(Legal Tech) | Law | James J. Marcellino, Anthony A. Bongiorno |
| Employees who bring disability claims in one forum may be judicially estopped from bringing ADA claims, which entail being able to perform a job, in another. (Americans with Disabilities Act of 1990) | Law | Michael A. Kalish, M. Clayton Humphries Jr., Michael S. Lazaroff |
| Employers struggling to resolve convergence of ADA, FMLA 'leave;' FMLA absence may not count toward an ADA accommodation. (Americans with Disabilities Act of 1990, Family and Medical Leave Act)(Employment Law Special) | Law | Thomas G. Servodidio, Daniel G. Anna, Jeffrey P. Ferrier |
| Endangered Species Act reforms aid landowners; recent trends include regional habitat conservation plans and reforms to the permit process. | Law | Patrick Gallagher |
| England's new Arbitration Act hailed by business; more party autonomy and less court interference will result. | Law | Stephen Hallam |
| Enviro-bias is hot topic in facility siting; denial of NRC licensing for uranium plant is seen as a harbinger of government actions under recent 'environmental justice' order.(Natural Resources) | Law | Stan Millan |
| EPL policies cover the claims of employees; such specialty policy insurance often excludes 'wilful' acts. (employment practices liability)(Employment Law Special) | Law | Holly Ann Garrity, Jeffrey M. Tanenbaum |
| Estate tax marital and charitable deductions need not be reduced by the amount of expenses that would have gone to a spouse or charity. | Law | Jonathan G. Blattmachr |
| Ethics now a game of appearances: authors say overregulation has expanded loopholes. | Law | |
| EU antitrust law bars restraints on IP licenses; EU courts recently have forced copyright owners to grant licenses or lower royalty rates.(Intellectual Property) | Law | Darrell Prescott |
| EU database directive has global ramifications; creation of 'sui generis' IP right for compilers could draw some U.S. publishing overseas.(Legal Tech) | Law | David Mirchin |
| EU megamerger approval process set to improve; changes to the Merger Control Regulation will affect acquisitions and joint ventures. (European Union) | Law | John Grayston |
| EU nations step up environmental enforcement; companies with facilities in Europe should talke measures to minimize liability exposure. (European Union) | Law | Rod Hunter, Frederic Hendrickx |
| European Monetary Union raises contract issues; U.S. companies doing business with EU firms may be affected by the conversion to the euro. | Law | Ruth Finch, Chris Finch |
| EU's Treaty of Amsterdam highlights social concerns; the treaty, signed in October but not yet ratified, has provisions relating to labor, the environment and utility services.(International Law) | Law | Pascale Rahman, Sarah Gallagher |
| EU threat to Boeing: law and politics; objections to proposed merger not unprecedented. | Law | Mark Rice-Oxley |
| EU to install data privacy standards; the Data Protection directive, effective in a year, establishes a means of guarding personal data transferred within the EU. (European Union) | Law | Fiona M. Carlin |
| EU to manufacturers: take back old products; there are plans to extend take-back measures from packaging to vehicles and electronics.(International Law) | Law | Rod Hunter |
| EU trademark systems create new quandaries; WIPO's Madrid Protocol amd Community Trade Marks Office offer competing filing regimes. (World Intellectual Property Organization)(Intellectual Property) | Law | Geoffrey C. Gaughan |
| Execution of mentally disabled killer shames our 'civilized' society. | Law | Vivian Berger |
| Executive order allows PTO action arbitration: ADR can resolve civil claims by private parties against the PTO. (U.S. Patent and Trademark Office, alternative dispute resolution)(Intellectual Property) | Law | Charles E. Miller, F. Scott Kieff, Bart J. van den Broek |
| Fast-track law doomed by earlier maneuvering. | Law | Raj Bhala |
| FCC order may foster competition; new access reform order's success will depend on whether access charges are reduced, not shifted, among local carriers.(Telecommunications) | Law | Andrew D. Lipman, Tamar E. Haverty |
| FCPA demands due diligence in global dealings; with antibribery enforcement on the rise, U.S. firms are wise to devise due diligence plans. (Foreign Corrupt Practices Act) | Law | Jonny J. Frank, Wendy C. Schmidt |
| FDA prescribes cautious labels; increasingly, dietary supplement and food manufacturers are allowed to make health claims, but FDA regulations are still tight.(Food & Drug) | Law | Martin J. Hahn, Gary Jay Kushner, Andrea M. Bruce |
| Fed does end run on Glass Steagall. | Law | Jonathan R. Macey |
| Federal Circuit sees fit to streamline litigation; but converting more issues to matters of law may not result in hoped-for 'predictability.'(Intellectual Property) | Law | Robert D. Fram, Sarah E. Mitchell |
| Female lawyer fined for not accepting male client; ruling that law firm office is public accommodation sparks a feminist debate. (Massachusetts) | Law | Juliet Eilperin |
| FERC asserts vast power as utility mergers heat up; policy statement signals intent to regulate aggressively in the 'public interest' as the industry pursues a lightning consolidation.(Natural Resources) | Law | O. Julia Weller, Ted J. Murphy |
| Firm libraries are not endangered species. | Law | Stephanie A. Heacox |
| Firms expanding abroad need trademark tactics; global strategy should address where to search and file, which marks to cover and filing class.(Intellectual Property) | Law | Mark I. Feldman |
| Fly(t) of fancy in Southern California. (Endangered Species Act protects garbage-dump-loving fly at cost of land development) | Law | R. Randy Lee |
| 'Food Lion' endangers muckrakers. (verdict against ABS for fraud and trespass in Food Lion v. Capital Cities/ABC Inc.) | Law | Floyd Abrams |
| Forget pensions and gold watches. | Law | John C. McCarthy |
| Freelancers reeling in fight over online rights; unless Congress takes action, authors may be denied pay for electronic publishing rights.(Intellectual Property) | Law | Dale M. Cendali, Ramon E. Reyes Jr. |
| Free speech trumps Title VII suits. | Law | Hans Bader |
| 'Friendly foreclosures' mitigate lenders' losses; recent decision helps bolster lenders' right to cut off liens.(Real Estate Law) | Law | Mark S. Carlin, Marc L. Caden |
| FTC looks at merger's antitrust effects on R&D; agency alleges that a merger would reduce competition to develop future drug products. | Law | James B. Kobak Jr., Richard P. McGuire |
| Gaming spurs Indian country land ventures; real estate transactions with Indian tribes involve untangling some complex issues of state, tribal, federal and international law. | Law | Heidi L. McNeil, Mark D. Ohre |
| Gay marriage battle rocks union's foundations. | Law | Stanley Feingold |
| Georgia court's refusal to enjoin Healthdyne's 'dead-hand' poison pill conflicts with the only other decision on the subject, a 1988 ruling by a New York judge. | Law | Dennis Block, Richard W. Slack, Howard L. Kneller |
| Georgia lawyer faces execution; Atlanta public defender fights for a law school buddy accused of murder. (B. Michael Mears represents former law school classmate William H. Lumpkin in his murder trial) | Law | Laurel-Ann Dooley |
| Good for civil rights, good for U.S.A. (Bill Lann Lee, Clinton administration's nominee to head Department of Justice's Civil Rights Div.) | Law | Brian K. Landsberg |
| Good governance takes varied forms; one major issue to consider is whether a committee or the entire board should play a role.(Corporate Secretaries) | Law | Robert A. Bassett |
| Good Heavens, it's c By God. | Law | Zick Rubin |
| Gordian knot of insurance: banks selling insurance must comply with a labyrinth of federal and state regulation. | Law | B. Knox Dobbins |
| Has this counsel got news for you. (Ellen Kaden, executive vice president, general counsel and secretary of CBS Inc.) | Law | |
| He wrote the book on securities regulation. (Louis Loss) | Law | Joel Seligman |
| High court reins in prosecution; it rules that the name and nature of prior offense could be unduly prejudicial if the defendant concedes a past conviction. | Law | Carl H. Loewenson Jr., Daniel W. Levy |
| His hospital hope: avoid the legal ER. (in-house counsel Ernest M. Haddad of Partners Health Care Systems) | Law | |
| His life after 'A Civil Action;' Mass. plaintiff's lawyer will be played by John Travolta in movie.(Jan Schlichtmann) | Law | Frederick P. Gabriel |
| HMO legislation is aimed at protecting patients; consumers and providers call for regulation; the managed care industry would disagree.(Health Care) | Law | Constantine G. Papavizas, Norman F. Lent III |
| HMO liability laws may hit roadblocks; N.Y. and Texas initiatives may be stymied by ERISA. | Law | Darryl van Duch |
| How billing rates react to the larger economy; after leveling off in the early 1990s, hourly rates have picked up in the last few years. | Law | Ruth Singleton |
| How inside counsel are shaping firms; panelists ponder whether general counsel are doing to lawyers what HMOs are doing to physicians.(Panel Discussion) | Law | Jane A. Boyle, Peter J. De Luca, Robert M. Dell, James G. Frangos, Richard T. McDermott |
| How to defend clients you know are innocent. | Law | Abbe Smith |
| Human Genome Project raises patenting issues; debate focuses on patentability of expressed sequence tags - certain partial DNA sequences.(Intellectual Property) | Law | Lynn Pasahow, Andrew Kumamoto |
| Impact of Hatch-Waxman goes beyond generics; the act, designed to facilitate the marketing of generic drugs, may hinder biotech protection.(Corporate Counsel) | Law | Gregory J. Glover |
| Impact of 'Hilton Davis' on biotech is unclear; 'all-elements rule' upheld bu the high court may not be easy to apply to a DNA sequence.(Corporate Counsel) | Law | Robert D. Bajefsky, Howard W. Levine |
| Indigent immigrants face welfare cuts, deportation; recent welfare and immigration reforms have heightened the need of noncitizens for legal representation and assistance.(Pro Bono) | Law | Arthur C. Helton |
| In DWI cases, Texas disregards constitution. (drunk driving) | Law | Christopher N. Hoover |
| In-house counsel can sue the boss; attorney-client privilege will not bar a Title VII suit. | Law | Joseph A. Slobodzian |
| Injustices in plant sitings? EPA, courts focus on Title VI issues in locating industrial plants in low-income areas.(Corporate Counsel) | Law | Julie R. Domike, Arthur W. Ray |
| In light of fast-changing technology, inventors might consider reviewing their applications before the patents are granted, and filing continuing applications. | Law | John A. Rafter Jr. |
| In 'O'Hagan,' the Supreme Court gets second chance to adopt, and define the scope of, SEC's 'misappropriation theory' of insider trading. | Law | John C. Coffee Jr. |
| In overseas pacts, ADR lets parties pick forum; customized arbitration clauses in international contracts make dispute resolution less risky.(Intellectual Property) | Law | Richard Allan Horning |
| In 'Piscataway,' rights groups lost control. | Law | Jack Greenberg |
| Institutional investors, now in control of more than half the share of U.S. corporations, demand more accountability. | Law | Richard H. Koppes |
| Insurance implications: every attorney's business; failing to advise a client about possible insurance coverage of IP claims could be malpractice.(Intellectual Property) | Law | David A. Einhorn, J. Donald Fancher |
| INTA's model guidelines shape trademark laws; the guidelines are intended to serve as a standard for new laws in developing countries. (International Trademark Association)(Intellectual Property) | Law | Michael Fawlk |
| Internal IP audits reveal overlooked possibilities; audits can help corporations identify which inventions would be most profitable to patent.(Corporate Counsel) | Law | Arthur R. Whale |
| Internet privacy jurisdiction begins to develop; courts and legislators address e-mail confidentiality and other New Age constitutional issues.(Librarians/Internet) | Law | Kevin G. DeNoce |
| Internet service providers face contributory infringement suits from software copyright owners based on the infringing activities of service subscribers. | Law | Jeffrey R. Kuester, Daniel R. McClure |
| Internship: a nice idea, but it wouldn't work. (internship for lawyers) | Law | Wallace J. Mlyniec |
| In the new Restatement on Torts, the reporters distinguished manufacturing defects from design and warning defects. | Law | Sheila L. Birnbaum, J. Russell Jackson |
| In the year since the high court's landmark decision in 'BMW,' federal courts have reduced punitive damage awards more frequently than state courts. | Law | Samuel A. Thumma |
| Inventors overseas can contest patents at PTO; now, inventors outside North America can assert priority for patents through interferences. (U.S. Patent and Trademark Office)(Intellectual Property) | Law | Charles L. Gholz |
| IP as collateral presents securitization problems; a lender's failure to monitor may lead to lost registration.(Intellectual Property) | Law | Daniel A. Scola, Robert F. Chisholm |
| IRS nips at damage awards; attorneys confront conflicts; the IRS now taxes non;hysical injury and sickness damages, which could pose conflicts and liabilities for attorneys. | Law | Laura A. Quigley |
| IRS's claim of 'excess parachute payments' against Columbia/HCA Healthcare Corp. appears to rely on an interpretation that goes against its own regulations. | Law | Lawrence K. Cagney, Jamin R. Koslowe |
| IRS should refund excess power to people. | Law | Dick Newbert |
| Is his clone Bill Gates or Bill Gates Jr.? (how legal policy on parenthood would change if cloning were allowed) | Law | Lori B. Andrews |
| Is infertility an ADA 'disability'? If reproduction is deemed a major life activity, employers' insurance costs may escalate. (Americans with Disabilities Act of 1990)(Employment Law Special) | Law | Gary D. Friedman, Joyce Phillips |
| Israeli Supreme Court begins to Americanize law; it has recently cited the U.S. high court in speech, religion, sexual discrimination cases.(International Law) | Law | Daniel J. Kramer, Eric B. Fisher |
| It may sound strange, but both of the O.J. verdicts make sense. (O.J. Simpson murder acquittal and wrongful death verdict in California) | Law | David A. Harris |
| It's time to choose your winter reading... whether you use the holidays to amuse yourself or to improve yourself. | Law | |
| Judge Zobel made a wrong move in 'Woodward.' (Commonwealth v. Woodward, the Boston nanny murder case in which the judge set aside the jury verdict and substituted a lesser one) | Law | Tony Waters |
| Judicial decisions as well as pronouncements from the FTC and the Justice Department offer guidance on using an efficiencies defense in merger cases. | Law | Robert W. Doyle Jr., D. Reed Freeman Jr. |
| Jurors' 'frameworks' critical in 'Goliath' litigation; in trials involving corporations, jurors favor the side that can help them grasp the evidence.(Juries / Trial Tech) | Law | Edward M. Bodaken |
| Justices ducked major issue in 'Hughes.' | Law | Charles Tiefer |
| Justices underrate role clients play. | Law | Jay Kelly Wright |
| Keeping mediation a private process; recent decisions suggest that there likely is judicial recourse when opposing parties breach the proceedings' confidentiality. | Law | William B. Leahy, Karen E. Rubin |
| Kids may be polled if parents are told; an FTC staff letter tells marketers that collect data from children online to notify parents and even obtain prior consent.(Legal Tech) | Law | Christopher Brewster |
| Law and nature collide; because animal clones are natural products, patenting them can get a little woolly.(Corporate Counsel) | Law | Gail Matthews, Estelle J. Tsevdos, Robin A. Chadwick |
| Law doesn't protect media irresponsibility. | Law | David A. Elder |
| Law puts parties in a bind when announcing merger; harmonizing the requirements for prompt disclosure with prohibitions against selling or soliciting prematurely is no simple feat. | Law | Victor I. Lewkow, Paul J. Shim |
| Law scholars duel over the Paula Jones lawsuit. | Law | Ronald D. Rotunda, John C. Jeffries Jr. |
| Led by the U.S., the world wages war on corruption; after two decades, numerous international organizations are embracing principles set forth in the Foreign Corrupt Practices Act. | Law | Lucinda A. Low, Kathryn Cameron Atkinson |
| Legal games don't teach Johnny to read. | Law | John H. Dudley Jr. |
| Legal gourmet serves manners to profession; an etiquette expert teaches attorneys how to cook up a feast of new business. (Mary Crane) | Law | Lisa Stansky |
| Legal sites on 'Net are proliferating; researchers can now access federal and state statutes, rules and regulations and case law at an increasing number of sites.(Librarians/Internet) | Law | Diana Botluk |
| Liberty interest in aided suicide rejected; Court finds no constitutionally protected interest, distinguishes the withdrawal of life support.(Supreme Court Review) | Law | Lawrence O. Gostin |
| Libraries are the new battleground for fights over porn on the Internet. | Law | Carl Solano |
| Listen up, old fogies: tech is here to stay. | Law | Richard Dooling |
| Making the leap to state courts; plaintiffs find that state fair employment practice acts provide more substantive protections and fewer procedural hurdles.(Employment Law) | Law | Robert M. Wolff |
| Malpractice is not criminal; mistake is? (criminal conviction of New York physician) | Law | Mark Crane |
| Marketing is major league in the minors; savvy franchises score revenue windfall as their products become big hits nationwide, but they need to protect IP rights in logos. (intellectual property)(Sports Law) | Law | Todd S. Sharinn |
| Marketplace: a regional listing of job prospects for searchers. (job-seeking attorneys)(Careers) | Law | |
| Math sense for jurors: .8 + .7 - .8 x .7 = .94. | Law | Martin J. Miles |
| 'Means-plus-function' can cause drafting angst; Federal Circuit decisions have not resolved uncertainty over when claims invoke Sec. 112(6). (of the Patent Code)(Intellectual Property) | Law | Jeffrey R. Kuester, Daniel J. Santos |
| Mediation, arbitration square off; the majority of in-house counsel surveyed prefer mediation to binding arbitration, a significant change from three years ago. | Law | Gregory T. Higgins, William D. O'Connell |
| Mental illness won't excuse bad job performance; workers with mental disorders covered by the ADA must still perform key functions of a job. (Americans with Disabilities Act of 1990)(Employment Law Special) | Law | James J. McDonald Jr. |
| Metasites linking to IP violations; Web sites framed or linked to other sites may enjoy greater exposure, but some are suing the framing sites for infringement.(intellectual property)(Librarians/Internet) | Law | Barry D. Weiss |
| Minimizing the threat of hackers; law firms need to safeguard against breaches of computer security, internal and external.(Legal Tech) | Law | Charles Harris, Gary Gaston |
| Misleading message may spark a suit; more often now, an attorney's failure to communicate effectively with a client will lead to malpractice, disciplinary actions.(Law Office Management) | Law | Christine S. Filip, Ann E. Johnston |
| Modifying employee benefits; Third Circuit places employers on a slippery slope in disclosing amendments to benefits plans.(Employment Law Special) | Law | P. Jerome Richey, Mark R. Hornak, Judi A. Lewis |
| More corporations using 'Net to reach investors; annual reports, shareholder proposals and proxy materials are accessible on the Internet.(Corporate Secretaries) | Law | Gloria Santona |
| Mr. Justice Brennan: his imprint will endure. | Law | Roger K. Newman |
| Much of the transactional activity following the Telecommunications Act of 1996 flows from the elimination of entry barriers and outmoded regulations. | Law | Stanley M. Gorinson, Martin L. Stern |
| Netherlands courts allow patent owners to obtain cross-border injunctions, sparing owners the necessity of initiating multiple infringement proceedings. | Law | Charles E. Miller, Bart J. van den Broek |
| New 'check-the-box' regulations enable foreign and domestic taxpayers to opt more simply to classify certain business entities as corporations or partnerships. | Law | William C. Bowers |
| New decisions from the 7th Circuit and the Court of Claims allow companies to deduct takeover costs as ordinary, not capital, expenses. (A.E. Staley Manufacturing Co. v. Commissioner and Dana Corp. v. U.S.) | Law | Peter L. Faber |
| New dilution act used to evict 'cybersquatters;' courts have ruled that owners of famous marks are entitled to those marks in domain names.(Intellectual Property) | Law | Andrew Baum, Mark Epstein |
| New era founder says: God made him do it; dropping insanity defense, he uses psychiatric excuse to try to negate mens rea. (John G. Bennett, Jr.) | Law | Joseph Slobodzian |
| New legislation creating the financial asset securitization investment trust provides favorable tax treatment of this investment vehicle, but adds costs. | Law | Walter G. McNeill, Larry J. Gelbfish |
| News-oriented political science sites aid legal research; now Web sites offer up-to-the-minute news stories as well as text of bills, partisan opinions.(Librarians/Internet) | Law | Sabrina I. Pacifici, Carol M. Morrissey |
| New techniques allow instant data base creation; a practice-specific application can be developed in hours with 'rapid data base publication.'(Legal Tech) | Law | John Hokkanen |
| New York City attempts watershed experiment; a special task force has a plan to improve water supply without filtration or economic stagnation.(Corporate Counsel) | Law | Stephen L. Kass, Steven N. Brautigam |
| 'Niche' firms can target other firms; many law firms with specialized areas of expertise could benefit from approaching noncompeting firms as potential clients. | Law | Bruce Berman |
| Ninth Circuit upholds Kodak's liability for monopolizing the 'aftermarket' servicing of its equipment but vacates some damages and modifies injunction. | Law | Thomas O. Barnett, Harvey M. Applembaum |
| NLRB to rule on unionizing temporary workers; NLRB's decision could affect survival strategies for unions, employers in global market.(Employment Law Special) | Law | Harold P. Coxson |
| No bliss yet for online calls; Internet telephony capability is maturing but is at the heart of battle over local-access fees.(Legal Tech) | Law | Craig J. Blakeley |
| No death sentence for abnormal killers. | Law | Michael B. Ross |
| Noh-go for Tokyo firms; after 10 years, few U.S. firms have made it in Japan. | Law | Juliet Eilperin |
| Noncash compensation distributed to U.S. employees, officers or directors by U.K. corporations is subject to federal taxes, even if exempt under U.K. tax law. | Law | Mark A. Daniele, Debra S. Groisser, John K. Bradley |
| Non-profits use intent as defense; merging hospitals claimed they wouldn't abuse market power. | Law | Steven C. Sunshine |
| No rhyme or reason for 'Seinfeld' firing. (Wisconsin) | Law | Marshall H. Tanick |
| Now that the CDA's history, let's plan anew. (Communications Decency Act) | Law | Lee Hollaar |
| N.R.A. should not rejoice: Brady Act lives on. (National Rifle Association, U.S. Supreme Court Printz v. U.S. ruling on handgun control law) | Law | Dennis A. Henigan |
| Nullified jurors = nullified justice. | Law | Paul Grant |
| N.Y. court curbs toxic tort suits; it narrows the window for bringing complaints. | Law | Gary Spencer |
| 'Of counsel,' affiliates may trigger firm liability; firms may be vicariously liable for the misconduct of affiliates and other related lawyers. | Law | Ronald E. Mallen |
| O'Hagan may impede other SEC cases; must the SEC now prove use of inside information. | Law | Geanne Rosenberg |
| On accessible, autonomous courts: president ends term with call for resistance to legal services cuts and to attacks on judiciary.(ABA '97) | Law | N. Lee Cooper |
| On damages, a jury is difficult to figure; jurors' deliberations rarely are irrational, but group interactions and their desire to compromise often yield surprising results.(Juries / Trial Tech) | Law | David S. Davis, Helen Ditges |
| On investing in distressed foreign firms; local insolvency and tax law and practice play key role in U.S. investors' analyses of risks and rewards of troubled companies. | Law | L. Kevin Sheridan Jr., Rory M. Deutsch |
| Online banking could get scary for lawyers. | Law | Richard Dooling |
| On-sale bar requires a more complete invention; the Federal Circuit narrows the definition of when an invention is put on sale, barring a patent.(Corporate Counsel) | Law | Ronald J. Schutz, Darren B. Schwiebert |
| Parent, successor CERCLA issues divide courts; courts still weigh Superfund liability of parent, successors, limited partners and lenders.(Corporate Counsel) | Law | Lois Kimbol, Susan Goldy, Bonnie Harrington |
| Patent counsel debate pros and cons of ADR; ADR is adapting to fit parties' needs in technology disputes. (alternative dispute resolution)(Intellectual Property) | Law | Seymour E. Hollander |
| Patent due diligence helps ensure exclusivity; areas of inquiry should include inventorship status and rights assignments or reservations.(Corporate Counsel) | Law | Davis, Leslie E;, Edmund R. Pitcher |
| Paula Jones case lacks urgency for trial now. (sex harassment case against Pres. Bill Clinton for conduct while he was Arkansas governor) | Law | Gary Simson |
| Payers mold health care lawyering; market forces boost M&A, ERISA and fraud work. | Law | Darry Van Duch |
| Phone competition order gets hung up in litigation; mammoth 8th Circuit suit may foreshadow long war over FCC's interconnection rules. | Law | David G. Frolio |
| Plan proposed to improve domain registration; a new committee has proposed adding seven top-level domains and 20 to 30 new registrars.(Intellectual Property) | Law | Stuart Smith |
| Planting the seeds of governance; it's never too early to set up a basis for good communication between management, board.(Venture Capital) | Law | Perry A. Pappas |
| Portable assets: experiences of 8 years lawyering in Japan; it can be done, and it provides exportable skills, but be prepared to adapt.(Careers) | Law | Paul N. King |
| Position statement clarifies liability disclosures; the AICPA has issued guidance for estimating environmental liabilities for public disclosure. (American Institute of Certified Public Accountants) | Law | Howard B. Epstein, Aaldert Ten Veen |
| Post 'Amchem,' class action will live on. | Law | Melvyn I. Weiss |
| Post-'Kodak' class actions target manufacturers; suits by independent service organizations may fail if there are conflicts within the class. | Law | Leiv H. Blad Jr., Keith E. Pugh Jr., Kenneth A. Gallo |
| Post-'Markman' cases vary claim construction; after 'Vitronics,' courts must follow a hierarchy that gives intrinsic evidence precedence.(Intellectual Property) | Law | Brian M. Poissant, Stephen S. Rabinowitz |
| 'Practice management' raises legal questions; federal, state laws govern transactions that transfer physicians' administrative practice duties to a third party for a fee.(Health Care) | Law | Peter P. Parvis |
| Predispute ADR raises fairness issue; courts have not hesitated to enforce arbitration agreements except when the fairness of the process is compromised.(Employment Law) | Law | Jay W. Waks, John Roberti, Rachel H. Yarkon |
| Pre-export financing facilitates investments in Brazil by the Japanese; trading companies use hybrid deals to secure product supply. | Law | Lisa Yano, Dale E. Caldwell, Ana Carolina, De Salles Freire |
| Prenuptial pacts unite pragmatic romantics; in addition to safeguarding inheritances, prenuptial contracts can help attorneys protect their firm ownership interests.(Personal Finance) | Law | Burton Young, Mitchell K. Karpf |
| President-elect will seek to revive professional standards, civility and pro bono commitments.(ABA '97) | Law | Jerome J. Shestack |
| Prevailing defendants have a better shot at fees; 'Fogerty' rulings hold winning plaintiffs, defendants must be treated equally for fee awards.(Intellectual Property) | Law | George Brandon, Bennett Evan Cooper |
| Price-fixing ruling to discourage many suits. (State Oil Co. v. Kahn) | Law | |
| 'Private attorneys general': the new watchdogs; citizen groups feel the EPA is going soft, so they're initiating private enforcement actions. | Law | Joseph J. Armao |
| Privilege may not apply to litigation data bases; in the interests of fairness and efficiency, courts have ordered counsel to share data systems. (Minnesota)(Legal Tech) | Law | Philip Le B. Douglas |
| Privilege or coverup? | Law | Sherman L. Cohn |
| Problems on his plate are whoppers: in-house counsel: Mark Giresi, Burger King Corp. | Law | |
| Pro bono wave hits more cities; law firms outside the 'big three' cities are establishing clinics and projects that could serve as models to attorneys everywhere. | Law | Esther F. Lardent |
| Providers can look to HHS fraud model; the Office of Inspector General's antifraud model for labor can help all providers ward off claims of Medicare and Medicaid fraud.(Health Care) | Law | Erica B. Garay, Alan S. Rutkin |
| Provisional applications offer patentees priority; new procedure brings the U.S. in line with international patent law, but there are drawbacks.(Corporate Counsel) | Law | John P. Blasko, Charles A. Eldering, Abbe Brown |
| Publicity right remains a state-law phenomenon; state cases diverge, prompting INTA to ponder a proposal for a federal law on right of publicity.(Intellectual Property) | Law | D. Peter Harvey |
| Punish after acquittal? Yes! | Law | Kent Scheidegger |
| Pyrrhic victory in spectrum auction: the FCC's plan to favor small businesses through its C Block auction has resulted in a need for major corporate restructuring.(Telecommunications) | Law | Bruce R. Kraus |
| Rand study of Civil Justice Reform Act sparks debate; the study's findings that court ADR did not significantly affect civil litigation costs or delays lead to differing interpretations. | Law | Elizabeth Plapinger |
| 'Rash' ruling should not afflict Ch. 11 valuations; Supreme Court ruling ought not be read as having acute impact on discretion to assess assets. | Law | John H. Genovese, Paul J. Battista |
| Rational, accessible way to rank law schools. | Law | Judith Welch Wegner |
| Recent case holds: e-mail is minimum contact; in 'Hall,' a California court held that electronic communication created personal jurisdiction.(Intellectual Property) | Law | Carl W. Chamberlin |
| Recent cases expose circuit split on mens rea; courts are divided on whether scienter should be applied to all elements of CWA, RCRA crimes. (Clean Water Act, Resource Conservation and Recovery Act)(Corporate Counsel) | Law | Stephen G. Jeffery, Jonathan Eric Berry |
| Recent cases offer a legal framework regarding when Internet activity creates a basis for specific personal jurisdiction, offering guidance to Web site owners. | Law | Michael J. Wagner, Matthew G. Allison |
| Recent cases warn franchisors to be wary of 'Kodak' liability. ('Kodak' Hits the Franchises) | Law | Michael J. Lockerby |
| Recent decision may jeopardize joint defenses; magistrate judge disqualified all firms for insurers because of one's conflict of interest.(Corporate Counsel) | Law | Joseph J. Ortego, David J. Vendler |
| Recent legislation offers opportunities for tax and retirement planning in 1997, and the Clinton administration's budget proposes another set of changes. | Law | Martin Nissenbaum, Karen L. Goldberg |
| Recess appointment need not be antagonistic. (President Clinton's appointment of Bill Lann Lee as acting assistant attorney general for civil rights) | Law | Neal K. Katyal |
| Recordable CD's reduce paper, hard-disk storage; CD-ROM is rapidly becoming a preferred medium for record archives and Web data storage.(Legal Tech) | Law | Arthur Tolsma |
| Record companies want broader blocking rights; the industry seeks to prohibit artists from activities that may result in competing products.(Intellectual Property) | Law | Owen J. Sloane |
| Regs clarify one-owner LLC tax; the 'check the box' rules eliminate areas of uncertainty and create new tax planning opportunities for single-member entities. | Law | Rory M. Deutsch |
| Right to die too complex for court. | Law | Edward O. Correia |
| Rules regulating attorneys handling out-of-state matters are often outdated, but a case before the California Supreme Court could update that state's rules. | Law | Pamela Phillips, Sean SeLegue |
| Safeguarding two-tiered settlements; two tiered Superfund settlements, which may impose disproproportionate liabilities on indemnitors, require close judicial review. | Law | Robert S. Sanoff |
| Science and courts still struggle to cooperate. | Law | Paul S. Miller, Bert W. Rein |
| Scorched-earth policy is intolerable. (stopping the burning of rain forests) | Law | John Klotz |
| SEC could lease offerings of securities via the Web; Commission has the power to block states' registration requirements for online offers made exclusively to 'qualified purchasers.'(Internet/CD-Rom) | Law | Constance E. Bagley, John Arledge |
| SEC issues guidelines for CD-ROM prospectuses; issuers now can offer potential investors a host of information along with required releases.(Internet/CD-Rom) | Law | M. Douglas Dunn, Edward H. Mills Jr. |
| SEC mulls shareholder proposals in proxy forms; its study looks at the ability of investors to affect corporate practices, raise social issues.(Corporate Secretaries) | Law | Peter C. Harkins, J.W. Cornwell |
| SEC studies disclosure in securitizing; but regulatory changes unlikely to broaden fiduciary obligations of investment banks. | Law | Steven Wolowitz, Robert S. Shwarts |
| She insists on ADR, firm ties, honesty. (Kathryn A. Oberly, vice chair and general counsel of Ernst & Young LLP) | Law | |
| She puts learning ahead of earning. (Maud Mater, senior vice president, general counsel and secretary of Federal Home Loan Mortgage Corp.) | Law | |
| Sherman Act can apply to criminal antitrust actions taken entirely outside the country, if theswe actions have foreseeable, substantial effect on U.S. commerce. | Law | Harvey M. Applebaum, Thomas O. Barnett |
| Since international construction contracts can pose unexpected risks, attorneys need to become familiar with foreign trade organizations' forms and local laws. | Law | Ross J. Altman, Timothy E. Trinka |
| Site choice hinges on incentives; states now offer a broad array of loans and tax credits to attract manufacturers. | Law | David W. Salisbury |
| Site owner must retain Web advertising control; an agreement should specify right to approve products and to disclaim all potential liability.(Librarians/Internet) | Law | Mark Kaminky, Mark A. Brand |
| Small firms that hire must heed mix of laws; sole practitioners and new firms must consider the insurance, tax and employment consequences.(Law Office Management) | Law | Christopher J. Gulotta, James E. Kellett |
| Smith Barney settlement makes waves; plan departs from industry standard and may be copied. | Law | Ellen L. Rosen |
| Software companies implement patent strategies; key steps include restricting an application to one invention and avoiding extensions of time.(Intellectual Property) | Law | Robert Schaffer, Clarke Wixon |
| Software liens must be adequately registered; bankruptcy cases have held that security interests should be filed in the Copyright Office.(Intellectual Property) | Law | Matthew W. Kavanaugh |
| Some employers will face wall-to-wall inspections, and others will be invited to adopt voluntary safety plans, under OSHA's Cooperative Compliance Program. | Law | Charles M. Chadd, Jerome K. Bowman |
| Stakes are high in battle to bar Internet gambling; prosecutors and traditional casinos aren't wild about online gambling, but their ability to prohibit it is not certain by a long shot.(Legal Tech) | Law | Philip Palmer McGuigan |
| Starr's prominence as business litigator may not be coincidental. (Whitewater prosecutor Kenneth W. Starr) | Law | Ralph Nader, David Halperin |
| States develop rules for using digital signatures; laws that govern transactions using public key cryptography will spur electronic commerce.(Intellectual Property) | Law | Kenneth A. Freeling, Ronald E. Wiggins |
| States may not claim immunity in patent cases; a New Jersey federal court rules that states can be held liable for patent infringement.(Intellectual Property) | Law | Jeffrey D. Neuburger, Philip A. Gilman |
| States now use favorable laws to lure trusts; to analyze the appropriate situs for their trusts, lawyers should compare home state laws with those of 'designer' states. | Law | Elizabeth L. Mathieu |
| States prevail in First Amendment cases; court completes turnabout on religion clauses by deferring to states in 'Boerne' and 'Agostini.'(Supreme Court Review) | Law | Bernard James |
| Stations face regs for kids' programming; FCC's strict view of 'educational' in three-hour-per-week rule gets a poor reception. | Law | Scott R. Flick, Lauren Lynch Flick |
| Step plus function can result in narrow claims; technique permitting drafters to use functional language for process inventions has risks.(Corporate Counsel) | Law | Jeffrey R. Kuester, Michael J. D'Aurelio, Elliot T. Nalley |
| Strategic investments in publicly held companies create long-term bonds between investors and companies and raise issues not present in other deals. | Law | C. William Baxley |
| Strategies for reaching academe's dreaming spires: the more degrees you can garner, the better your chance of a professorship.(Careers) | Law | Pamela B. Gann |
| Strip to the essentials: just take along a book; now's the time to catch up with your reading - one of summer's greatest pleasures. | Law | |
| 'Sunshine' laws bar secret settlements; several states have enacted statutes that prevent parties from keeping particular settlements and documents confidential. | Law | Anthony J. Basinski |
| Supreme Court's 'Boggs' decision makes sense. (preemption of state community property law by ERISA) | Law | Sam H. Roberson |
| Synthetic leases have pliable uses; they treat tenants as tenants for financial purposes but as owners for tax purposes. | Law | Michael J. Feinman |
| Take eight kids; add one law school; blend well and serve; how a law career sprang from real-life experience. (Texas)(Careers) | Law | Jacquie Brennan |
| Tape defendant's statement, or don't use it. | Law | Harvey Silverglate |
| Taxpayer Relief Act of 1997 reduces top rates on capital gains taxes and makes major changes to estate, gift, generation-skipping transfer and home sales taxes. (part 1) | Law | Daniel Daniels, Matthew Bovino |
| Temp workers may be eligible for plan benefits; divergent decisions in 'Dupont' and 'Microsoft' cases turned on interpretation of plans.(Employment Law Special) | Law | Michael A. Lawson, Elayne Betensky, Nelson W. Armstrong Jr. |
| Terminating law partners can be a risky venture; courts will determine whether the firing, when challenged, was done in good faith or for a 'predatory purpose.'(Law Office Management) | Law | Robert W. Hillman |
| That in-house attraction is just a mirage. (corporate counsel work fails to meet its billing) | Law | Neal Solomon |
| The 2d Circuit recently dismissed a lawsuit seeking an arbitration stay and let NASD arbitrators determine punitive damages, attorney fees and limitations. | Law | David G. Keyko, Edward Flanders |
| The best things in life aren't free. (copyright in the Internet age) | Law | James V. DeLong |
| The Clean Water Act, by its terms, does not directly cover wildlife, but the Army Corps of Engineers is trying to extend the act to protect migratory birds. | Law | George J. Mannina Jr. |
| The common practice of attorneys sitting on clients' boards of directors creates ethical and practical pitfalls for both the attorney-directors and the companies. | Law | Kirsten L. Christophe |
| The dominance of managed care organizations as buyers of drugs and medical devices raises regulatory concerns over development and marketing practices. | Law | Kathleen M. Sanzo, Stephen P. Mahinka, Kathryn L. Gleason |
| The economic impact of wildlife protection measures was a prevailing theme at the most recent biennial conference on endangered species worldwide. | Law | Stephen L. Kass |
| The Internet blunts TM protection; loss of local and product ID demands new system. (trademarks) | Law | Wemdy R. Leibowitz |
| The 'joint work' provision of the Copyright Act could be used by companies to assert authorship of certain works not covered by 'work for hire' arrangements. | Law | Douglas Y'Barbo, James W. Repass |
| The Justice Department, in trying to block a hospital merger, has proposed redefining the relevant market by the number of 'anchor' hospitals it contains. | Law | Robert E. Bloch, Scott P. Perlman, Robert L. Bronston |
| The key to state 'unbundling' plans, which let consumers choose their natural gas providers, is to create a level playing field on which marketers can compete. (restructuring the natural gas industry) | Law | Lee A. Alexander, Stefan M. Krantz |
| The law governing a franchisor's encroachment in the market of its franchisee gains clarity because of a recent 5th Circuit decision delineating standards. | Law | Byron Fox, Henry Su |
| The 'letter of the law' becomes less traditional; a look at letterheads of 100 law firms shows that a cautious addition of style is on the rise. | Law | Burkey Belser |
| The Nanny jury tried to do right without knowing all it should. (Louise Woodward case) (Massachusetts) | Law | Paul Grant |
| The National Bankruptcy Review Commission, in its recently released report, has proposed significant changes affecting single-asset real estate debtors. | Law | Lawrence K. Snider |
| The NLJ 250: Annual Survey. | Law | |
| The ones to rank law schools are employers. | Law | Franklyn D. Kimball |
| The 'Schenk' decision: a Solomonic solution. (Schenck v. Pro-Choice Network) | Law | Martha Davis, Yolanda Wu |
| The SEC recently approved modifications to the NASDR's disciplinary proceedings, which should improve due process protections for respondents. (NASD Regulation Inc.) | Law | Anne C. Flannery, Ben A. Indek |
| The Securities and Exchange Commission has proposed new rules to govern shareholder proposals, but some contend that the proposals will restrict access. | Law | Richard H. Koppes |
| The self-critical analysis privilege has been recognized as federal common law in Title VII and other cases in order to promote the perceived public interest. | Law | Eric J. Wallach, Leslie Reider, Anthony C. Ginetto |
| The standards by which a board of directors' conduct is measured when a leveraged buyout fails were the subject of a unique case in Massachusetts. | Law | Dennis J. Block, Stephen A. Radin |
| The Supreme Court has upheld the misappropriation theory, but how far the SEC will take the ruling is anything but clear. | Law | Harvey Pitt, Karl A. Groskaufmanis |
| The Taxpayer Relief Act of 1997 contains a litany of amendments, many of which will affect the types of business entities in which attorneys practice. | Law | Frederick A. Thomas |
| The term 'willful' can assist criminal defense; when the meaning of the term is unsettled, clients' ignorance of the law may be a reprieve. | Law | Robert L. Ullmann, Victoria L. Botvin |
| The top 10 wacky employment cases of 1996. | Law | Gerald D. Skoning |
| The U.S. Supreme Court refused to strike down the doctrine of equivalents in 'Hilton Davis,' but it still left many questions about the doctrine unresolved. | Law | Daniel W. McDonald, Steven J. Pollinger |
| The year in review. (the legal profession in 1997) | Law | |
| Third parties benefit from some rulings: courts will issue releases and injunctions favorable to nondebtors if certain factors such as 'identity of interest' are present. | Law | John R. McDonald, Nauni Jo Manty |
| This chief judge likes sentencing guidelines. | Law | Charles P. Sifton |
| Thriller author's success secret: it's the book, stupid; everybody has an idea, but getting an agent or a book deal requires a good novel. (William Lashner) | Law | |
| Time-stamping makes digital signatures reliable; software can freeze content of electronic records and imprint them with irrefutable markers.(Legal Tech) | Law | Charles R. Merrill, W. Scott Stornetta |
| Tips to help reduce the stress of opening an office; everything is important but before all other things comes marketing oneself.(Careers) | Law | Clyde Jay Eisman |
| Title II of the Health Insurance Portability and Accountability Act makes civil and administrative sanctions for fraud harsher. | Law | Paul J. Curran, Gregory J. Wallance |
| Title insurers favor recent land surveys; buyers can often obtain more favorable coverage with the aid of an ALTA survey. (American Land Title Association)(Real Estate Law) | Law | Patrick M. Zabreowski |
| Tougher standard of proof needed for forfeiture. | Law | Mark A. Feldman |
| Trademark cases arise from meta-tags, frames; disputes involve search-engine indexes, Web sites within Web sites, as well as hyperlinking.(Intellectual Property) | Law | Martin J. Elgison, James M. Jordan III |
| Trade-secret thieves face fines, prosecution; new Economic Espionage Act and court decisions impose criminal sanctions for IP theft.(Intellectual Property) | Law | Chaim A. Levin |
| Transferring employees abroad raises tax issues; companies planning to assign employees to a foreign country, even temporarily, need to examine the tax consequences.(International Law) | Law | Mary Anne Mayo |
| Trash can be a treasure, but liabilities abound; landfill gas could be a lucrative product, but potential harms need to be carefully managed. | Law | D. Evan Van Hook, David T. Buente |
| Treasury eyes disclosures for electronic commerce: crime unit proposal would subject nascent online banking industry to reporting rules of the Bank Secrecy Act for the first time. | Law | Thomas E. Crocker |
| Tricks of the trade can increase rates of return; skillful legal drafting can yield devices that enhance the value of venture capitalists' shares.(Venture Capital) | Law | Timothy Tomlinson |
| Troubled firms must act fast; Chicago's beleaguered Keck Mahin waited too long for turnaround help. | Law | Darryl van Duch |
| Twilight of CJRA means unsure future for ADR; the Civil Justice Reform Act is due to end this year; the fate of ADR in federal court is in limbo. (Alternative Dispute Resolution) | Law | Elizabeth Plapinger |
| Two important rulings from the Delaware Court of Chancery concern stock option plans and stock issuances to directors. | Law | Edward P. Welch, Andrew J. Turezyn |
| Two new EPA rules affect monitoring, evidence; EPA has finalized its compliance assurance monitoring rule and its 'any credible evidence' rule.(Corporate Counsel) | Law | Edward C. Lewis, Patricia Finn Braddock, J. Kent Schuster |
| Two recent decisions address OSHA's ability to bring enforcement proceedings under the general duty clause for ergonomic injuries in the workplace. | Law | Robert Davis |
| U.K. Internet services seek legal change; Internet service providers in the United Kingdom lobby to change 1996 Defamation Act in order to curb their potential liability. (McDonald's Corp. v. Steel & Morris)(International Law) | Law | Tim Hardy |
| U.K. to sign on to EU labor law pact; Social Charter adherence to boost business cost. | Law | Mark Rice-Oxley |
| Unequal justice for gays in hostile courtrooms. | Law | David S. Buckel |
| Uniformity flows from IP treaties and EU law; the results have included more simplified provisions as well as removal of filing technicalities.(Intellectual Property) | Law | Michael I. Davis |
| Unpredictability factor narrows biotech patents; courts have held biotechnology inventions nonenabled when results are deemed unreliable.(Corporate Counsel) | Law | Leora Ben-Ami, Sean Johnston |
| US Airways fights punitives in crash; Carolina crash victims claim the airline acted recklessly in flying through a violent thunderstorm. | Law | John Monk |
| Use of private investigators by lawyers on the rise; but sleuths say many attorneys don't know how to use them effectively. | Law | Loren Stein |
| Use of videotape in opening statements expands; courts must decide if videotape depositions in lawyers' opening statements prejudice jurors.(Legal Tech) | Law | Robert S. Venning, Shawn D. Parrish |
| U.S. fails to guard data base henhouse; other nations seek to protect compilations of facts, but Congress lays an egg in failing to take up legislation to circumvent 'Feist.'(Legal Tech) | Law | E. Leonard Rubin |
| U.S. firms benefit from Japan's 'Big Bang' reforms; U.S. financial services firms soon may be able to enter Japanese markets with ease.(International Law) | Law | Arthur M. Mitchell |
| U.S. Supreme Court rejects FDIC's assertion that federal common law trumps state law in determining standard of liability for officers and directors of banks. | Law | Stanley I. Langbein |
| Venezuela competition law raises bar for deals; business combinations subject to stricter scrutiny than in EU. | Law | Leopoldo Olavarria Campagna |
| Venture finance seekers need special expertise; role of company counsel can range from finding sources to drafting complex documents.(Venture Capital) | Law | Frank M. Placenti |
| Victims may 'collude' to contest dumping; the Noerr-Pennington doctrine can protect firms that join to threaten antidumping action. | Law | Michael B. Himmel, Robert J. Kipnees, Christopher S. Porrino |
| Warning: rescue may raise risks; after 'Alantec,' investors must beware that the company they save may not be their own.(Venture Capital) | Law | Kenton J. King |
| Web-based technology 'thins' out a network; client-server networks, reliant on 'fat client' applications, are giving way to browser systems.(Legal Tech) | Law | Carl Lee Sutherland |
| Weighty matters in a slim department.:(In-house counsel William K. Dix of Jenny Craig Inc.) | Law | |
| Whenever patents, trademarks or copyrights are at issue in a transaction, counsel should conduct a thorough due diligence inquiry of the rights at stake. | Law | William A. Tanenbaum |
| When is a deal a deal? A recent 2d Circuit decision established a framework for determining when negotiations have actually led to the creation of a contract. | Law | Richard G. Tashjian |
| When temporary employees bring discrimination or labor suits against their employment agencies, the client-employers may be subject to joint liability. | Law | Brent M. Giddens |
| When working out drug policy, look backward. | Law | Alexander B. Smith, Harriet Pollack |
| Where associates are schooled: a look at where some law firms find their new young lawyers.(Careers) | Law | |
| Where Paula Jones' lawyers go from here; settlement is possible, but discovery could start as early as the end of June.(Panel Discussion) | Law | |
| Where to search for the heart of 'state of the art;' whether or not manufacturing standards were met is a crucial point in products liability suits. | Law | Margaret A. Lynch, Bruce W. Main |
| Whose idea is it? Company sues ex-employee; former employee's unwritten idea to update computer codes is focus of current litigation. (Texas)(Intellectual Property) | Law | John S. Pratt, Peter Dosik |
| Why U.S. News makes state law schools angry. (U.S. News and World Reports) | Law | Brian Leiter |
| Will bans on tobacco ads pass muster? Those provisions of the June 20 proposed tobacco settlement restricting advertising may well ignite 1st Amendment challenges.(Food & Drug) | Law | Douglas J. Wood |
| Will document imaging create paperless office? Law offices probably will not eliminate paper, but imaging tech can help them reduce it. | Law | Fred V. Diers |
| Will euro's heat make U.S. firms wilt? (single European currency) | Law | Jonathan R. Macey |
| Will 'plain English' expose issuers to liability risks; companies concerns about the SEC's proposal to minimize 'legalese' may be addressed by a safe harbor rule.(Corporate Secretaries) | Law | Merrill B. Stone, Geraldine M. Cunningham |
| WIPO pacts go digital; proposed international treaties will open up domestic debate on treatment of electronic works.(Intellectual Property) | Law | John B. Kennedy, Shoshana R. Dweck |
| With suits mounting, courts face the question of whether a managed care organization can be an employer under the Americans with Disabilties Act. | Law | David Manoogian |
| Wives: learn to drive a hard bargain. (Lorna Wendt divorce settlement case) | Law | Linda Hirshman |
| World Bank's standards: an eco authority; the environmental guidelines serve as the model for export credit agencies and are invoked in other banks' loan documents.(International Law) | Law | Andrew Giaccia, Erin Bradley |
| Year-2000 bug may create securities law risks... directors and officers of public companies that do not disclose and fix date glitch face liability.(Legal Tech) | Law | Daniel R. Mummery, Thomas A. Unger |
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