| The National Law Journal 1998 |
| Title | Subject | Authors |
|---|
| 1997's 10 wackiest employment cases. | Law | Gerald D. Skoning |
| 5th Circuit not shocked by police abuse. | Law | Isidore Silver |
| 6th Cir. played the right tune in 'Rock and Roll.'(Intellectual Property) | Law | Stephen R. Barnett |
| 70-year-old walls almost came a-tumbling down; H.R. 10 very nearly ended Depression-era obstacles to unified financial services in a new, financial holding company structure.(Banking) | Law | Mark M. Dumler, Edward E. Sharkey |
| '97 act will affect private companies; it will have important effects, some favorable, some not, on income, estate and gift taxes.(Closely Held Companies) | Law | Stuart J. Gross, David A. Weintraub |
| A 1995 Supreme Court decision has led to at least two cases in which banks or credit unions have been restricted in their right to freeze the funds of a debtor. | Law | Marvin E. Jacob, Michele J. Meises |
| A 2d Circuit decision analyzes the UCC's 'basis of the bargain' requirement, affirming that actions based on warranties are grounded in contract, not tort. | Law | George Brandon |
| A 2d Circuit decision analyzes the UCC's 'basis of the bargain' requirement, affirming that actions based on warranties are grounded in contract, not tort. | Law | George Brandon |
| Academe is not a mirage, but the transition takes preparation; there are ways to go from a law practice to teaching, and it pays to study them.(Careers) | Law | Judith Welch Wegner |
| A decision letting bank subsidiaries act as certification authorities for digital signature verification will increase bank forays into electronic commerce. | Law | John L. Douglas, Thomas R. Crocker |
| A district court ruling could deter corporations from reporting the theft of trade secrets if the proprietary information is not shielded from defense attorneys. | Law | Efrem M. Grail, W. Thomas McGough Jr., Jeffrey M. Klink |
| A Federal Trade Commission administrative law judge found liability but refused to order corrective advertising in a case involving Doan's pain reliever. | Law | D. Reed Freeman Jr., Lewis Rose |
| Alas, poor torts! We knew them well, Horatio. | Law | Victor E. Schwartz, Barry J. Nace |
| Allocating CERCLA costs? Get an expert; because of the highly technical nature of cost allocation, the right expert can save potentially responsible parties millions.(Environmental Law) | Law | Linda W. Tape, Robert Dennis |
| Allstate's master plan? Major insurer is accused of penalizing claimants who dare hire attorneys. (Allstate Insurance). | Law | Mark Ballard |
| Ambiguous proof of conspiracy burdens the courts.(Trade Regulation) | Law | |
| A new battlefield: masters and experts. | Law | L.J. Deftos |
| An insurgent planning to initiate a proxy contest needs to assemble a team of advisers, develop a detailed understanding of the target and prepare a strategy. | Law | C. William Baxley, Mark W. Thompson |
| Another bloody skirmish in the free-speech war. | Law | Harvey A. Silverglate |
| Anti-bribery pact; corruption is target of multilateral efforts; The Convention on Combating Bribery of Foreign Public Officials has 29 signatories.(Multinational Corporations) | Law | Michael L. Burton, Lucinda A. Low |
| Antitrust law; global compliance gets ever more complicated; companies are subject to more nations' competition laws, even where they do not do business.(Multinational Corporations) | Law | Michael L. Weiner, David J. Pashman |
| Antitrust laws can hit high-tech targets, too. (Microsoft Corp.) | Law | Lisa R. Scalpone, Jeffrey B. Aaronson |
| Antitrust laws; regulatory guidance for venturers is emerging; guidelines in health care and IP areas suggest ways to analyze other business collaborations.(Joint Ventures) | Law | Michael Sennett, Erik Dyhrkopp |
| A recent case arising under Florida law permits a U.S. franchisor to be sued by a foreign franchisee. But did the court go too far in establishing a cause of action? | Law | Joyce G. Mazzaro, Jan S. Gilbert |
| Art. 2B offers jurisprudence for all forms; proposed U.C.C. article's creative approach to interpreting mass-market licenses can be applied to any standard-form contract.(Software Rights) | Law | Jeff C. Dodd |
| Art world watches two key cases in New York; a federal suit involves an Italian antiquity; a state action, two paintings. | Law | Martha B.G. Lufkin |
| As the Securities and Exchange Commission proceeds with its challenge to the practice known as yield burning, what obstacles lie in its enforcement path? | Law | Robert A. Fippinger, Andrew J. Wertheim |
| As utilities deregulate, EPA concentrates on coal.(Environmental Law) | Law | Joel H. Mack, James R. Barrett, Claudia M. O'Brien |
| A Texas firm leads nation in growth; targeting growing practice areas, then wooing teams of attorneys, has been key to firm's steep rise. (Jenkens and Gilchrist) | Law | Chris Klein |
| Attorney facing discipline sues the Texas bar; a Houston lawyer alleges bar officials pursue charges against him in bad faith. (John O'Quinn) | Law | Susan Borreson |
| Automation that fosters organization; several in-house users testify to the many ways matter management software has helped them reduce the chaos of litigation.(In-House Tech) | Law | Wayne J. Lovett |
| Ax-grinding politics leads to unequal justice. | Law | Kenneth Lasson |
| Bankruptcy attorneys: modern-day samurai; economic crisis thrusts an elite class of lawyers into the heart of Japan's mission of recovery.(Pacific Rim) | Law | Satoru Murase |
| Bankruptcy of tenants may change lease terms; shopping center landlords may have to deal with altered terms if the trustee assigns the lease.(Real Estate) | Law | Harris Ominsky |
| Banks appear eager to snap up thrifts; potential benefits must not blind acquirers to unique legal restrictions and business considerations these combinations involve.(Banking) | Law | Christopher J. Zinski |
| Battle lines form over WIPO copyright bills; Congress' current session may resolve policy disputes relating to protection of digital media IP.(Intellectual Property) | Law | John Kennedy, Jonathan Band |
| Beating men at the game they have made theirs; women lack some easy ways to be rainmakers, but that shouldn't be a block.(Careers) | Law | Judith D. Fryer |
| Being Mr. or Ms. Superlawyer can strain family relations; habits that make a good lawyer can ruin a spouse.(Careers) | Law | Amiram Elwork |
| Beware of bullish brokers. (broker misconduct to beware of) | Law | David E. Shellenberger |
| Beware pro bono work if you want to be a judge. | Law | Joseph C. Zengerle |
| Big corporations are investing more in start-ups; start-ups can benefit, but risks may include change of strategy, conflicts of interest.(Venture Capital) | Law | Audrey M. Roth, Jeanne R. Solomon |
| Big future for nontraditional marks; in the information age, unusual trademarks are more valuable, yet more likely to infringe.(Intellectual Property) | Law | Russell H. Falconer |
| Bill in Congress could end the asbestos mess. | Law | Paul R. Verkuil |
| Bills to make PTO government corporation stall; backers claim new PTO would be more efficient; opponents worry about undue influence.(Intellectual Property) | Law | Victor G. Savikas, Marsha E. Durko |
| Bioinformatics may get boost from 'State Street.'(Intellectual Property) | Law | Lawrence M. Sung, Don J. Pelto |
| Biotech incites outcry; public policy debates arise over human-animal hybrid patents and germline gene therapy.(Patent Law) | Law | Thomas D. Mays |
| Biotech industry seeing more diverse IP lawsuits; FDA safe harbor, Lanham Act and ANDA applications are the subjects of a new litigation wave.(Food and Drug Law) | Law | Eugene M. Pfeifer, John C. Herman |
| Biotech licensor should know misuse doctrine; common biotech transfers are less likely to violate antitrust law now, but questions remain.(Patent Law) | Law | Stephen Johnson |
| Book yourself in for the holidays: don't panic: here's the best place to go for suggestions for last-minute presents! | Law | |
| Boom time for lawyers; demand is so heavy recruiters are hard put to find enough job-seekers to go around.(Careers) | Law | Jeni Gallagher |
| 'Bud' battle illustrates peril of geographic marks; Anheuser-Busch's Swiss setback may curb the use of place names to establish a brand's identity.(Intellectual Property) | Law | Robert M. Kunstadt, Gregor Buhler |
| Business crime; perjury expanded. | Law | Richard M. Cooper |
| California high court rules that employers can fire employees for misconduct based on good-faith belief resulting from investigation, without actual proof. | Law | Thomas P. Klein, Ralph H. Baxter Jr. |
| California's highest court holds that an insurer can be liable for a policyholder's injuries, even if the damage occurred outside of the insured's policy period. | Law | Thomas M. McMahon, Patricia A. Van Dyke |
| Campaign finance just gets messier. | Law | Richard L. Hasen |
| Can foreign court pronounce on British justice? | Law | Fenton Bresler |
| Capital punishment simply costs too much. | Law | |
| Careful planning can ease overseas expansion; in opening law offices abroad, firms need to scout out local culture and consult experts. | Law | William C. Migneron |
| Cases define duties of franchisors to franchisees; recent cases rule on employee status, joint advertising funds and bad-faith encroachment.(Franchising) | Law | Lewis G. Rudnick, David W. Koch, Philip F. Zeidman |
| Cash-poor employers have options; before giving employees a piece of the pie, company founders should know all ramifications. (Equity Compensation)(Start-Up Companies) | Law | Alan Wovsaniker, Andrew Graw, Eli Goldberg |
| Censure is not allowed for presidents. | Law | Steve Charnovitz |
| Centralizing contacts organizes relationships; law departments, firms that rely on long-term relationships can manage contacts better.(In-House Tech) | Law | Barry Solomon |
| Changes at Lloyd's include end of unlimited liability; personal liability of individual 'names' is no longer required, and old mass tort claims have been diverted to a new entity.(Insurance) | Law | Stephen M. Goldman |
| Chile's privatization of sanitation could be model; orderly, government-regulated transition to private sector can be prototype for Latin America. | Law | Juan Pablo Borquez, Marc S. Cornblatt |
| China introduces a wide range of legal reforms; targets include investment and financial systems, state-owned enterprises, judicial selection.(Pacific Rim) | Law | Doris Estelle Long |
| China's laws now give investors more options; new investment structures are emerging in China to offer investors greater flexibility.(Joint Ventures) | Law | Michael M. Hickman, Julie Bloch Mendelsohn |
| China to see fewer new projects but more M&A; despite China's legal obstacles, more foreign investment will be driven toward existing assets.(Pacific Rim) | Law | Howard Chao |
| Chinese enforcement efforts may protect IP; the '95 regs, charging Customs examining imports and exports, appear to be working.(Intellectual Property) | Law | David III Weild, Hailing Zhang |
| Circuits split over whether a heightened showing of egregiousness is necessary to recover Title VII punitive damages, and over use of statutory damages caps. | Law | Peter N. Hillman, Romy E. Berk |
| Citicorp deal must get E.U. antitrust ok; competition chief Karel Van Miert key to approval. | Law | Deirdre O'Brien |
| Client research is key to nontraditional services; law firms can bolster revenues and client loyalty by identifying and providing add-on services.(Law Firm Marketing) | Law | Christine S. Filip |
| Clinton signs bill pre-empting securities suits; new law prevents state court end-run around the 1995 securities law reforms. | Law | |
| Clinton v. Starr v. Clinton may make court act. | Law | Harvey Silverglate |
| Companies plan for near-term offerings; many private businesses now operate with an eye to ultimate initial public offerings or sales.(Closely Held Companies) | Law | William J. Schnoor Jr., Florence R. Liu |
| Companies still grapple with safe-harbor issues; corporations should remain wary of making predictions despite Reform Act protection.(Corporate Secretaries) | Law | William O. Fisher, Terry Kee |
| Comparisons can be odious, Mr. Starr. | Law | Richard Ben-Veniste |
| Compliance tide leaves issues open; in compliance efforts, unresolved matters include attorney-client privilege, structure of programs and role of hot lines.(Health Care) | Law | Constantine G. Papavizas, Shannon M. Arnold |
| Compliance training is increasingly interactive; multimedia training programs are effective and engaging tools in companies' efforts to avert liability for illegal acts by employees.(In-House Tech) | Law | Kirk S. Jordan |
| Compliance with the Investment Adviser Supervision Coordination Act, which shifted regulation of many financial advisers to the states, has proven complex. | Law | David M. Butowsky, Robert A. Robertson |
| Compulsory bar dues and politics don't mix. | Law | Geoffrey C. Hazard Jr. |
| Confidentiality agreements become increasingly elusive; several states have limited the availability of protective orders, and judges are now more skeptical about issuing such orders.(Litigation) | Law | Richard A. Rosen |
| Congress' approach to Web nets approval. | Law | Ronald L. Plesser |
| Congress holds the key to encryption regulation; many advocate for the removal of export restrictions on encryption products; the courts, as well as legislators, are divided.(Computer/Telecom) | Law | Richard R. Mainland |
| Congress may criminalize cell phone eavesdropping; because mobile phone technology has improved, lawmakers now may be poised to make interception of PCS signale illegal. | Law | Theodore R. Harper, Andrew T. Knowles |
| Consolidations in health care raise unique state and federal regulatory issues, but the U.S. antitrust agencies have had little success in challenging the deals. | Law | Paul T. Schnell, Teresa M. Andresen |
| Conspiracy jurisdiction issue may go to high court; jurisdiction over parties based on acts of their conspirators raises due process concerns.(Trade Regulation) | Law | |
| Continuing legal education. | Law | |
| Continuing legal education. | Law | |
| Continuing legal education. | Law | |
| Continuing legal education. | Law | |
| Continuing legal education. | Law | |
| Continuing legal education. (programs during the last quarter of 1998 and the first months of 1999) | Law | |
| Contracts enhance owner discretion; employment agreements help companies avoid suits, protect IP and delineate stock plans.(Closely Held Companies) | Law | John J. Myers, Paul M. Yenerall, David V. Radack |
| Coping with securities laws is no simple task; qualifying for a registration exemption can be tricky when there is a series of offerings.(Start-Up Companies) | Law | James Verdonik |
| Could mark owners sue media for generic use? Suits charging mark misuse could be filed, consistent with First Amendment principles.(Intellectual Property) | Law | Stuart I. Graff |
| Counsel should be wary of boilerplate IP clauses; commonly used 'reps and warranties' may prove to be overbroad or underinclusive.(Intellectual Property) | Law | Glenn Gundersen |
| Court clarifies sexual harassment tests; same-sex harassment is deemed actionable; employers may be vicariously liable, but not schools.(Supreme Court Review) | Law | Martha F. Davis |
| Court ducks larger privilege issues yet again. | Law | Edward J. Imwinkelried |
| Court focuses on fiduciary exception to privilege; recent ERISA case sets some parameters for this exception to the attorney-client privilege.(Litigation) | Law | Frederick A. Brodie |
| Court nixes spoliation as a tort; California's Supreme Court recently ruled that sanctions available in the underlying case obviate the need for a separate tort.(Litigation) | Law | David J. Vendler |
| Court of Federal Claims: a case against reform. | Law | Andrew P. Zappia |
| Court preserves the privileges of the dead; in its procedural decisions, the court breaks no new ground and declines to create new doctrine.(Supreme Court Review) | Law | Linda S. Mullenix |
| Courts and FDA wrestle with pre-emption issues; the FDA withdrew a proposed rule limiting the pre-emption defense for medical devices.(Food and Drug Law) | Law | Peter L. Puciloski |
| Courts: no U.S. venue for telemarketing scams; state courts proper site for private suits under U.S. act. | Law | Joseph Slobodzian |
| Courts order 'Markman' hearings early in cases.(Intellectual Property) | Law | Philip J. McCabe, P. McCoy Smith |
| Courts split: is an agency action a suit? California high court joins a minority of states in ruling that insurers do not have to defend against administrative actions.(Insurance) | Law | David B. Smith, Deborah S. Ballati |
| Courts split over whether secretly recording conversations with a supervisor can be protected evidence-gathering activity under antidiscrimination laws. | Law | Joseph A. Schwachter, Rod M. Fliegel |
| Court will exclude defective damages evidence.(Intellectual Property) | Law | Richard S. Toikka, Marjorie J. Reeder |
| Criminal decisions stayed narrow; the few cases with a broader relevance to criminal practice deal with evidence and jury bias.(Supreme Court Review) | Law | Ira Mickenberg |
| Criminalized foreign bribery will improve trade. | Law | Michael J. Hershman |
| Criminal law; grand jury leaks. | Law | Richard M. Cooper |
| Critics of NOW's use of RICO belittle violence. | Law | Kim A. Gandy |
| Custom-manufacturing agreements used in the chemical and pharmaceutical industries raise unique regulatory, operational and health-and-safety concerns. | Law | Michael Dore |
| Dead men need not talk. | Law | Ronald J. Allen |
| Debt 'culture;' Asian insolvency regimes feel strain; diverse bankruptcy systems in the region are suddenly forced to deal with a huge debt crisis.(Multinational Corporations) | Law | Simon Walker |
| Decision approving settlement class that included non-federal-question claims focused on lack of need for jury instructions, thus lack of manageability issues. | Law | Joel S. Feldman |
| Delaware law; shareholder rights plans. | Law | Edward Welch, Andrew Turezyn |
| Despite a recent case holding that refilling patented toner cartridges does not constitute infringement, manufacturer claims its 'single-use' patent is tenable. | Law | Steven A. Maddox, David W. Slaby |
| Despite changes made by the Private Securities Litigation Reform Act two years ago, institutional investors have not yet taken the lead in securities suits. | Law | Seth Goodchild |
| Despite tough talk from prosecutors, and despite indictmjents of those charged with Internet gambling, no court has held that U.S. law prohibits such betting. | Law | Kenneth A. Freeling, Ronald E. Wiggins |
| Did GM and its lawyers suborn perjury in Ga. case? Claim is lawyers knowingly let a GM witness give false pretrial testimony. | Law | Bill Rankin |
| Dilution is remedy for Internet mark misuse; new dilution statute has helped plaintiffs win suits over domain names, hyperlinks, metatags.(Intellectual Property) | Law | Louis K. Ebling, Karen E. Kreider |
| Discovery; evidence destruction. | Law | Jerold Solovy, Robert Byman |
| Discovery; involing Rule 30(b)(6). | Law | Jerold Solovy, Robert Byman |
| Disinvitation: talking back to Thomas. (Supreme Court Justice Clarence Thomas) | Law | A. Leon Higginbotham Jr. |
| Dispute resolution; arbitration avoids 'hometown justice' overseas; but courts might not enforce awards vacated at the situs or those with procedural defects.(Multinational Corporations) | Law | William W. Park |
| Document repositories assist joint defendants; electronic imaging goes beyond traditional scanning to make data available to many.(Litigation Strategy) | Law | Christopher8 Kruse |
| Does the per se rule in antitrust law remain viable? The U.S. Supreme Court has oscillated in its own application of the doctrine, creating some uncertainty. | Law | Jay N. Fastow |
| DOJ goal: assistance abroad; battling international cartels, the Antitrust Division is pursuing various measures to enhance cooperation with foreign officials.(Trade Regulation) | Law | Erik Dyhrkopp, Scott Mendel |
| Domain name lawsuits trigger plans for reform; NSI, now the URL 'gatekeeper,' would be replaced by a private international registry system.(Intellectual Property) | Law | Ron N. Dreben, Johanna L. Werbach |
| Domestic-partner benefits plans raise legal issues; employers need to consider local laws, discrimination liabiliity, COBRA rights and tax issues in implementing these benefits.(Employment Law) | Law | Bruce J. Kasten, Linda M. Doyle, Edward J. Pisarcik |
| Domino effect? Circuits topple tying-claim cases; two appellate courts have ruled against franchisees and suppliers that brought antitrust tying claims against franchisors.(Franchising) | Law | Arthur I. Cantor, Peter J. Klarfeld |
| Don't end contingency fee system. | Law | Joel S. Perwin |
| Don't judge all class actions by some failures. (a settlement of the fen-phen/Redux diet pill litigation could mean real benefits for the plaintiffs) | Law | Gary E. Mason |
| Do the ends justify the means test? House-passed bill designed to reduce Ch. 7 filings by consumers is not the best means of increasing their payments to creditors.(Bankruptcy) | Law | David E. Leta |
| Downloading from the Net is dangerous; well-intentioned companies that download or hyperlink to copyrighted material online may find themselves liable for infringing.(Legal Tech) | Law | Donald Sovie |
| Draft guide proposed on sustainable brownfields; it stresses the identification of key factors and parties and many steps of redevelopment.(Environmental Law) | Law | John M. Scagnelli |
| Drive-time stories for stressed-out lawyers; the growing availability of books on tape provides great choices for journeys. | Law | |
| Drug laws went wrong 25 years ago. (New York) | Law | Harvard Hollenberg |
| DSR produces indexed databases of documents; document-recognition software combines scanned images with a database of search terms.(Legal Research) | Law | Joseph Howie |
| 'Duffield' puts compulsory arbitration in doubt; the 9th Circuit read 'Gilmer' to apply only to age discrimination claims, not to Title VII claims.(ADR) | Law | Mary E. Bruno, Lawrence J. Rosenfeld |
| Early merger talks may be subject to disclosure; Third Circuit decision greatly expands a corporation's duty to update public statements.(Securities/M&A) | Law | David M. Becker |
| Early screening helps avoid judicial scrutiny; when deals go sour, companies need, as much as possible, to show director independence. (Director Conflicts)(Start-Up Companies) | Law | Barbara J. Dawson, Patrick J. Barrett |
| E-commerce software licenses list web of issues; selecting and negotiating with a vendor takes knowledge of the technology and of licensing law.(Legal Tech) | Law | Thomas A. Unger, Robert M. Finkel |
| Electronic Data Balancing Act: Preserve or delete? Destroying electronic data relevant to a case can result in severe sanctions, but total preservation may also cause harm.(In-House Tech) | Law | Kenneth R. Shear, Daryll R. Prescott, Tiffany A. Murphy |
| Electronic research poses billing dilemma; an ethics opinion offers guidance on billing for computer-assisted legal research.(Legal Research) | Law | George Relles, Richard Solomon |
| Employment law; defining disability. | Law | Michael Starr |
| Employment law; sexual harassment. | Law | Gloria Allred, John S. West |
| Employment law; supervisor liability. | Law | Michael Starr |
| Enlarged RICO threatens right of free speech. | Law | G. Robert Blakey |
| Environmental law; CERCLA retroactivity. | Law | Bruce Howard, Jennifer K. Harr |
| EPLI policies now available to firms; insurers have just begun to offer law firms employment practices liability insurance, which covers employment-claim liability. | Law | Brian T. McMillan, Dennis M. Brown |
| ERISA makes for odd bedfellows. | Law | Jamie Court |
| ESOPS facilitate wealth tranfers; an employee stock ownership plan can provide tax-effective vehicle for succession planning.(Closely Held Companies) | Law | Regina Shanney-Saborsky |
| E.U. Directive on Privacy may hinder e-commerce; terms of the directive are poorly defined, but U.S. companies still need to take what measures they can to ensure compliance.(Legal Tech) | Law | Al Gidari, Marie Aglion |
| Euro portends unknown U.S. tax consequences; until the IRS issues guidelines, U.S. multinationals will have to contend with some uncertainty.(International Law) | Law | Stephen DiBonaventura, Hope P. Krebs |
| Euro poses disclosure issues for SEC registrants; US companies are considering whether euro conversion might raise risks they must disclose.(Securities/M&A) | Law | John P. Dunn, Gary T. Johnson |
| Euro transition period poses choices; from 1999 to 2002, when the euro will replace 11 currencies, companies have many options.(International Law) | Law | Joseph Smallhoover, Bernardine Adkins |
| Even if Starr disappeared, there'd be Klayman. (special prosecutor Kenneth Starr, Larry Klayman). | Law | |
| Everything that communicates must converge; the merging of technology and services and the growth of the 'Net raise thorny legal issues.(Computer/Telecom) | Law | Owen D. Kurtin |
| Evidence; amendments. | Law | Daniel J. Capra |
| Evidence; proposed rules. | Law | Daniel J. Capra |
| Extranets merge virtues of Internet and Intranets; multi-organization, restricted-access, Web based networks are ideal for case management.(In-House Tech) | Law | Lee H. Glickenhaus |
| Eyeing foreign capital, Indonesia enacts changes; the bankruptcy law, the capital markets and investment rules are principal areas of reform.(Pacific Rim) | Law | Clark H. Libenson, Ali M.M. Mojdehi, Melli Nuraini Darsa |
| Family law; when parents move. | Law | Barbara E. Handschu |
| Fault lies not only in Starr but in law. (Special Prosecutor Kenneth W. Starr) | Law | Lawrence M. Solan |
| FCC, carriers tangle over Internet telephony; the FCC, under pressure by phone companies, soon may regulate IT as a 'basic service.' | Law | Scott Blake Harris |
| FDA can nix marks pre-PTO.(Intellectual Property) | Law | W. Patrick Bengtsson, Georgina McPaul |
| FDA regime for off-label use emerges; proposed regulations would implement provisions governing dissemination of data on unapproved uses of approved products.(Food and Drug Law) | Law | William H. Kitchens, Alan G. Minsk |
| Federal appellate courts are split on how to treat plaintiffs with chronic health conditions that can be mitigated, under the Americans with Disabilities Act. | Law | Arthur F. Silbergeld, Rowdy B. Meeks |
| Federal Circuit holds its law applies to misuse; the court ruled that its law, not that of regional circuits, will govern antitrust counterclaims.(Patent Law) | Law | Charles D. Ossola |
| Federal judges in South Carolina try trifurcation; juries are asked to consider insurance coverage in a trial stage after setting punitives.(Litigation) | Law | C. Allen Foster, Charles H. Camp |
| Federal practice; complex litigation. | Law | Linda Mullenix |
| Federal practice; complex litigation. | Law | Linda Mullenix |
| Federal practice; discovery. | Law | Jerold S. Solovy, Robert L. Byman |
| Federal practice; discovery. | Law | Jerold S. Solovy, Robert L. Byman |
| Federal publications serve as primers on QDROs; qualified domestic relations orders, which govern pension benefit splits, can be complex.(Personal Finance) | Law | Landis Olesker |
| Fee fie foe firm: Big Four gobble up lawyers. | Law | Lawrence J. Fox |
| Final shareholder proposal rules fall short of reform; although the new rules may result in more proposals in proxy materials, the SEC did not drastically change the status quo.(Corporate Secretaries) | Law | Merrill B. Stone, Devika Kewalramani |
| Firms vie for energy work in Boston, nation; who will grab the business now that the electric power industry is deregulating? | Law | Fred Gabriel |
| Food safety system is hard to swallow; by eschewing the traditional rule-making process, the EPA is forced to make quick judgments as to risk of pesticide residues.(Food and Drug Law) | Law | David B. Weinberg |
| Foreign courts view discovery more narrowly than their U.S. counterparts, giving rise to problems when foreign parties wind up in American courts. | Law | Peter Selvin |
| Foreign investors form alliances in Mexico; the government's decision to reform investment laws has facilitated global acceptance.(Joint Ventures) | Law | Fernando R. Carranza, F. Bruce Cohen |
| Formulating governance standards; in adopting formal guidelines to improve board-of-director functions, companies should review some available precedents.(Corporate Secretaries) | Law | Michael A. Skinner, Henry Lesser, Sarah A. O'Dowd |
| For reshaping privilege - plus; Clinton is leading lawyer in the sage, First Client and law professor-at-large. | Law | |
| For the most part, busineness bears brunt of ADA. (Americans with Disabilities Act) | Law | James A.A. Pabarue, K. Tia Burke |
| Forum selection; case removal. | Law | Georgene M. Vairo |
| Forum selection; case removal. | Law | |
| Forum selection; removal and remand. | Law | Georgene M. Vairo |
| Franchisors: will they set price ceiling? The high court 'Kahn' decision holding that maximum vertical prices are not per se illegal may not give franchisors free rein.(Franchising) | Law | Wayne A. Mack, Carl E. Zwisler, Mark B. Schoeller |
| French officials now face new crime charges. | Law | Michael E. Tigar |
| From 'da Vinci of data,' wisdom on trial graphics; Edward R. Tufte's seminal work on the design of data should be trial lawyers' required reading.(Visual Evidence) | Law | David E. Springer |
| From plebe to general: planning the campaign; it's important to develop a leadership mindset early.(Careers) | Law | Steven C. Bennett |
| From the lightweight 'Rio' flows heavyweight battle; two-ounce device that can play music files downloaded from the Net sparks a dispute for control over digital music distribution.(Legal Tech) | Law | Michael S. Mensik, Jeffrey C. Groulx |
| Functional language's death knell is exaggerated; despite dicta that appear to narrow scope of infringement, such language remains useful.(Intellectual Property) | Law | Paul E. Schaafsma |
| Future of Web filtering. | Law | |
| Genomics race raises ownership boundary issue; circuit's aversion to prolphetic claims may limit scope olf an expressed sequence tag claim.(Intellectual Property) | Law | Stephen A. Bent, Paul M. Booth |
| Getting a takings claim to federal court is a drag; Congress voted down bills that would give property owners better access to federal courts, but Supreme Court may still rule.(Real Estate) | Law | Allen A. Arntsen, Anat Hakim |
| Globally, best trade secret protection is oneself; around the world, statutory protection is improving, but enforcement is spotty at best.(Intellectual Property) | Law | James A. Forstner |
| Going online makes firms toe the line; Internet technology enables corporate law departments to impose tech standards on outside counsel and to reduce legal costs.(In-House Tech) | Law | Carl Lee Sutherland |
| Gov. uses high court ruling to put casinos in bind; Wis. Gov. Thompson uses immunity decision to seek nongambling concessions. | Law | Cary Spivak |
| Graphics assist post-'Markman' trials; patent litigants have judges and juries to convince; smart use of evidence helps persuade both.(Visual Evidence) | Law | Lillian Romano |
| Gray market becomes less of an IP gray area; after 'L'anza,' distributors are free to reimport U.S.-made goods meant to be sold abroad.(Intellectual Property) | Law | David A. Gerber, David Bender |
| Greater predictability may result in patent pools; as the Federal Circuit refines scope of biotech claims, use of collective rights becomes likely.(Patent Law) | Law | Lawrence M. Sung, Don J. Pelto |
| Group standard-setting grows more significant; de jure standard-setting raises patent enforceability issues as well as antitrust implications.(Intellectual Property) | Law | David J. Healey |
| HCFA overhauls nursing home payment system; skilled nursing facilities will be reimbursed by Medicare under 'prospective payment' scheme.(Health Care) | Law | Michael H. Cook |
| He hands out bootstraps; deportee's son is first Hispanic to be ABA's minorities advocate. (Jose Gaitan of ABA Commission on Opportunities for Minorities in the Profession) | Law | Chris Klein |
| Here it is: the NLJ's summer reading list; summer is never long enough, except in memory, so start enjoying right now! | Law | |
| He's fighting plans to regulate CPAs. (Richard Miller, general counsel and secretary, American Institute of Certified Public Accountants) | Law | Darryl van Duch |
| He's planning for your retirement. (Robertson C. Jones, senior vice president and general counsel, Del Webb Corp.(Illustration) | Law | |
| He understood the need for subtlety. (late U.S. Supreme Court justice Lewis Powell) | Law | Robert D. Comfort |
| High Court to revisit issue of mandatory arbitration; 'Wright' case deals with a union setting, but court may rule broadly on mandatory employment arbitration after 'Gilmer.'(ADR) | Law | Joshua M. Javits, Francis T. Coleman |
| High Court to say what triggers 'on-sale' bar; must inventions be reduced to practice or just 'substantially complete' at the time of sale?(Patent Law) | Law | Barry N. Young |
| Holocaust claims get a new boost; several lawsuits and creation of an international tribunal may speed insurers' response to claimants. | Law | David Lyons |
| How title insurance differs from all other forms; it varies from other policies in regard to date of named perils, term of policy and premiums. | Law | Thomas C. Homburger, Sandra L. Waldier, Kimberly Harper |
| How to value goodwill as marital asset; most jurisdictions will treat law practices as marital assets; there are five generally recognized methods of assessing goodwill.(Personal Finance) | Law | Kala Shah, Sanford K. Ain, Jeffrey C. Weinstock |
| How will it work if every class is protected? (evolution of hate crime legislation in the late 20th century) | Law | |
| How will provocative application fare in PTO?(Intellectual Property) | Law | Rick Meredith |
| 'Hybrid' stock can attract investors; 'capped' preferred securities offer value to stockholders as well as founders, management.(Closely Held Companies) | Law | Steven E. Bochner, Gilbert M. Jr. Labrucherie |
| Hyperlinks: a form of protected expression? A Georgia federal court implies a 1st Amendment 'right to link' defense to infringement claims.(Intellectual Property) | Law | Jeffrey R. Kuester, Peter A. Nieves |
| I am proud to work with legal services. | Law | Joseph C. Zengerle |
| If nobody's been hurt, there's simply no tort. | Law | Brian Anderson |
| If only Prof. Ackerman's theory were right! | Law | Laurence Tribe |
| If trade rules had been used in 'Amistad' case. | Law | John C. Klotz |
| Illinois high court latest to nix tort reform law; roughly half of all state supreme courts have now overturned or limited state tort reform legislation as unconstitutional.(Litigation) | Law | Bruce A. Finzen, Barbara J. Haley, Kevin A. Shaw |
| In capital cases, clients are in charge. | Law | Brian W. Wice |
| Increasing value of agbiotech IP sparks turf wars; a spurt of suits and mergers in the agricultural industry stems from its prized plant patents.(Patent Law) | Law | Ned A. Israelsen, Dale C. Hunt |
| In drug approvals, roles of PTO, FDA overlap; it might be possible to permit the FDA alone to establish utility to the PTO's satisfaction.(Patent Law) | Law | Thomas D. MacBlain |
| Information contained in a proposal, but not in the final government contract, may not be released under FOIA, unless the data is incorporated as reference. | Law | Ronald K. Henry, Mark A. Riordan |
| In Hong Kong, the 'rule of law' reigns supreme; after reverting to Chinese rule, the new Hong Kong SAR retains its legacy of constitutionalism.(Pacific Rim) | Law | Daniel R. Fung |
| In recent months several class actions have been filed against sweepstakes promoters alleging fraud, but the suits may encounter certification problems. | Law | Linda Goldstein |
| Insurers can expect a swarm of millennium bugs; businesses facing Y2K liability to shareholders and customers will claim coverage in droves.(Legal Tech) | Law | James A.A. Pabarue, Randy J. Maniloff |
| 'Interactivity' is a buzzword for Web sites; the more successful of the new generation of law firm sites are eschewing the 'mass data' approach for more user involvement.(Law Firm Marketing) | Law | Kevin Lee Thomason |
| Internal investigations can result in libel suits; by reporting on an employee's misdeeds, companies may face risks of defamation litigation.(Employment Law) | Law | Bruce E. Yannett, David B. Fein |
| Internet is seeing its share of securities offerings; rise in Web-based services for small issuers helps make online route a more viable alternative.(Legal Tech) | Law | Constance E. Bagley, Robert J. Tomkinson |
| In the Bay Area, making partner bucks the odds; first-years' odds now range from 19% to 4%, causing many to look for other jobs. (San Francisco, California) | Law | Jenna Ward |
| In 'Titanic' case, IP and admiralty laws collide.(Intellectual Property) | Law | David J. Bederman, Judith Beth Prowda |
| In two cases, court OKs speech limits; the 'Forbes' and 'NEA' decisions approve greater governmental control over forms of speech.(Supreme Court Review) | Law | Bernard James |
| Inventions abroad warrant careful contracting; companies need to be aware of local laws and use contracts to determine ownership clearly.(Intellectual Property) | Law | Thomas J. Scott Jr., Tyler S. Brown |
| Investors may build for M&As, not IPOs,; in planning for M&As, they need to focus on employee equity, investor covenants, significant contracts and finder's fees. | Law | Gilbert M. Labrucherie Jr., Kevin A. Coyle |
| IP poses opportunities during economic straits; the Asian economic crisis is no time to ignore patents: valuable assets with lengthy lifespans.(Patent Law) | Law | Glen P. Belvis |
| IRS issues 'whole hospital' joint-venture ruling; a nonprofit in a venture with a for-profit must retain control in order to remain tax-exempt.(Health Care) | Law | William B. Grete |
| Is 6th Circuit off-kep? In holding Rock and Roll Hall of Fame not a protectable building design, court flouts precedent.(Intellectual Property) | Law | Joseph R. Dreitler |
| Is asymptomatic AIDS a disability? | Law | Wendy E. Parmet |
| Is distance-learning bill balanced? Proposed Copyright Act amendments, which would include distance learning in act's exemption, may not protect all rights.(Legal Tech) | Law | Anne C. Keays, Andrew J. Warren |
| Is Feds' motto 'do as we say, not as we do.'? (federal government's not admitting criminal liability for agents' use of deadly force during Ruby Ridge standoff) | Law | George M. Kraw |
| I thought I thaw a vacancy... (need to fill openings for federal judges) | Law | Carl Tobias |
| It's time for courts to limit takings rulings. | Law | John D. Echeverria |
| Joint defense arrangements raise antitrust issues; joint defendants should avoid conduct that restricts their freedom to settle individually.(Intellectual Property) | Law | John E. Daniel |
| Jones case lacking in legal merit? Duh! (Paula Jones sexual harassment case against President Bill Clinton) | Law | Michael C. Subit |
| Jones suit shows gag weakness; judges generally regard leak investigations as futile. (Paula Jones' suit against President Bill Clinton) | Law | Davud E. Rovella |
| Judge: No more pix of Titanic; a judge says a N.Y. salvage company controls who photos the shipwreck. | Law | Marc Davis |
| Judicial campaign finance could work. | Law | Roy Schotland |
| Jurisdiction Act seeks consistency; the Uniform Child Custody Jurisdiction and Enforcement Act attempts to cure the problems earlier laws failed to resolve. | Law | Mike McCurley, Mary Johanna McCurley, Ken Rockenbach |
| Justices forestall business liabilities; court rules against imposition of retroactive liability and CERCLA obligations of parent companies. (Comprehensive Environmental Response, Compensation and Liability Act of 1980)(Supreme Court Review) | Law | Donald M. Falk |
| Ken Starr is the real wounded party. | Law | Michael Gaynor |
| Latin nations are pursuing trade abuses; rise in use of national anti-dumping laws is source of Latin American disputes, but free-trade talks may eliminate remedies. | Law | Joseph W. Dorn, Stephen J. Orava |
| Lawyers pull off big bailout; all-nighters at Skadden as scores race clock to close hedge-fund deal. (Long-Term Capital Management bailout) | Law | Karen Donovan, Susan Beck |
| Lead paint suits spawn legislation; the onslaught of lead poisoning cases has led to myriad state rulings and statutes.(Real Estate) | Law | Alan Kaminsky, Patrick D. Geraghty |
| Lenders seeking tol take a security interest in FCC licenses obtain only limited protection by structuring loans through subsidiaries that will hold the licenses. | Law | Thomas Hutton |
| 'Let my people go,' cries labor union. | Law | Marc Linder |
| Let seller beware: indemnification can cost big; the ubiquity of method patents increases risk of infringement; indemnifiers can be hit hard.(Patent Law) | Law | D. Patrick O'Reilly, Esther H. Lim |
| Let seller beware: indemnification can cost big; the ubiquity of method patents increases risk of infringement; indemnifiers can be hit hard.(Patent Law) | Law | Esther H. Lim, D. Patrick O'Reilley |
| Liability; in-house risks. | Law | A. Craig Fleishman |
| Liman book reveals why Reagan was not impeached; for one thing, he had a top aide fall on his sword; for another, he played it smart politically. (Arthur Liman, Ronald Reagan) | Law | Arthur L. Liman |
| Line Item Veto Act: it's unconstitutional; the court rules that the statute's cancellation feature violates Article I's presentment clause.(Supreme Court Review) | Law | Clifford M. Sloan, Michael A. Rotker |
| Malpractice exhibits can persuade; demonstrative evidence used in medical malpractice trials can be powerful, but its proponents should proceed with care.(Visual Evidence) | Law | Martin B. Adams |
| Manufacturers face infringement risks in Mexico, penalties for using trademarks already owned in Mexico include fines and the seizure of goods.(Intellectual Property) | Law | Randall K. Broberg |
| Marketing may trump technology; investors look for a company's ability to attract customers more than its tech innovations. (Internet Investors)(Start-Up Companies) | Law | Keith Cochran, Bill Bryant, Linden Rhoads |
| McDougal's lawyer tells how he will 'try' Starr; there's credible evidence of witness tampering, he says. (Mark J. Geragos, Susan McDougal, Kenneth Starr)(Interview) | Law | |
| Medicaid counseling law struck in New York; federal judge says law could inhibit lawyers from giving advice to clients. | Law | Gary Spencer |
| Medical database spotlights tech privacy issues; new lawsuits and a plan for centralized health care data inspire calls for protection. | Law | Wendy R. L>eibowitz |
| Mentors do still exist: know how to find yourself one; a good relationship with a mentor is a two-way street.(Careers) | Law | David Flattum |
| Miami's Podhurst Orseck flies high; aviation boutique pilots plaintiffs to two key wins. (Podhurst, Orseck, Josefsberg, Eaton, Meadow, Olin and Perwin) | Law | David Lyons |
| Might affirmative action balance U.S. justice? | Law | Vivian Berger |
| Missile attacks send the wrong message. | Law | Robert E. Precht |
| Misunderstanding of standing is plaintiffs' pitfall; co-inventors and licensing are among potential complications in bringing infringement suits.(Patent Law) | Law | Howard L. Speight |
| Moderns ADR appears, at last, abroad; mediation and other U.S. alternatives to arbitration have slowly been exported for use in international commercial disputes.(ADR) | Law | James P. Groton, George Anthony Smith |
| Monopolization of the 'Net?(Trade Regulation) | Law | Scott E. Flick |
| Mormons' impact on the law is singular; a coherent world view informs approach to lawmaking, lawsuits, the Constitution and lawyers. | Law | Victoria Slind Flor |
| Multiple factors govern the conveyance of IP; venturers must asgree on the specifics of the IP, as well as the parties' rights and obligations. (intellectual property)(Joint Ventures) | Law | Gregg Kirchhoefer, William E. Devitt |
| Music industry acts in concert on sound samples; harmonious compromise could resolve licensing issues arising from the downloading of music.(Intellectual Property) | Law | Jeffrey D. Neuburger, Susan Israel |
| Network security audits keep the hackers at bay; for fun or for profit, intruders will attempt to breach security; law firms should be prepared.(Legal Tech) | Law | David M Remnitz , Ryan Breed |
| New Japanese procedure code expands discovery; the code eases the requesting of, and increases the obligation to produce, needed documents.(Pacific Rim) | Law | Karen L. Hagberg, Etsuo Doi, Jennifer Y. Ishiguro |
| New law limits liability for Year-2000 disclosure; the Year 2000 Information and Readiness Disclosure Act was signed and took effect Oct. 19. | Law | |
| New law will facilitate adoptions of foster kids; with the passage of the new adoption law, more attorneys will be needed to handle termination and adoption proceedings. | Law | Ann P. Cahouet |
| New staffing practices are under way; several trends that have emerged recently include new duties for managers and increased use of temps and paralegals. | Law | John S. Kirk |
| New tax provisions could blitz lawyers with paper; provisions requiring business clients to report payments to attorneys may subject law firms to more paperwork and audits. | Law | Kevin Hume |
| New York's attorney general challenges the affiliation of two hospitals, claiming that their operating agreement is an attempt to fix prices and allocate markets. | Law | Matthew Rosser, David Marx |
| No case for Clinton's impeachment. (alleged sexual offenses in the Monica Lewinsky matters) | Law | Peter C. Hoffer |
| No clear sailing when using 'willful blindness;' in 'Hilfiger,' 2d Circuit impugns bad conduct in mark searching but does not adopt per se rule.(Intellectual Property) | Law | Stephen W. Feingold |
| No easy cure for health providers' Y2K ailments; entities must adapt to payors' year-2000 efforts and prevent life-threatening system failure.(Health Care) | Law | Ellen H. Moskowitz, Ian Portnoy, Jeffrey Berkowitz |
| Nonprofit-to-industry technology transfers grow; agreements licensing research from nonprofits to companies must be clear, comprehensive.(Intellectual Property) | Law | Jane A. Biddle, Thomas. D. Mays |
| No 'right' way to write software-based claims; the claim to a software-related invention can be drafted from any number of perspectives.(Intellectual Property) | Law | Michael K. O'Neill |
| No-standing zone deters citizen suits; a spate of recent decisions, including the Supreme Court's 'Steel Co.' ruling, could raise barriers to private plaintiffs' actions.(Environmental Law) | Law | Jonathan Simon, Sam Kalen |
| Not all business contact with Cuba is prohibited; US companies must take care to avoid 'transactions,' but can explore potential opportunities. | Law | Hamilton Loeb |
| Nursing homes face more quality-of-care suits; Nursing Home Recovery Act, FCA and state laws have led to more suits, larger damages.(Health Care) | Law | Robert J. Milligan, Stephen Wiggs |
| Obscure NAFTA clause empowers private parties; investor-protection clause lets companies haul signatories into arbitration for violation of pact. | Law | Matthew Nolan, Darin Lippoldt |
| 'Offer to sell' provision expands forum options; provision has little substantive impact but may allow plaintiffs to bring suits in many districts.(Intellectual Property) | Law | David L. De Bruin, J. Christopher Carraway |
| 'Off-label' research ruling missteps. | Law | Glenn C. Smith |
| O.K., don't be a tech-head, but do know the basics; it is hard to lead your staff in the right direction if you are utterly clueless.(Careers) | Law | Rita DeAngelis |
| One-size-fits-all EPA rules need modifying. | Law | Richard E. Ayres |
| Online, draftsmanship is still pivotal; agreements, disclaimers and disclosures should be no less formal or thorough on the Web.(Legal Tech) | Law | Richard D. Harroch |
| On the 'Net, unusual marks gain in importance.(Intellectual Property) | Law | Erik W. Kahn |
| Opposition proceedings are alternative to court; actions in foreign patent offices allow for cheapter and faster resolution of validity issues.(Intellectual Property) | Law | Courtland L. Reichman, Sherry M. Knowles, Curtis L. Doster |
| Opposition to reform legislation grows in Senate; detractors contend that S. 1301 favors creditors and would not curtail crafty debtors' abuses.(Bankruptcy) | Law | Henry J. Sommer |
| O'Quinn seeks help for alcohol abuse problem; Houston lawyer's discipline trial postponed while he gets treatment at hospital. (John O'Quinn) (Texas) | Law | Susan Borreson |
| Outsourced programs: ownership issues arise; if freelancer retains copyright in software, patent title still may belong to commissioner.(Legal Tech) | Law | Thomas D. MacBlain, Jason Sanders, Charles E. Runyan |
| Palestinian case skirts free-speech protection. | Law | Marta E. Nelson |
| Particular prenups ensure businesses stay in the family; 'family forms' protect family entities from in-law ownership.(Closely Held Companies) | Law | Howard F. Sharfstein |
| Patterns in disciplinary violations mark change. | Law | Geoffrey C. Hazard Jr. |
| Placating heirs key to TCI deal; nasty T&E fight threatened CEO John Malone's control of cable giant's shares. | Law | Ryan Ross |
| Pollution liability insurance improves; thanks to increasing competition and insurer experience, premiums have fallen and the scope of coverage has broadened. | Law | Jay Weiser |
| Pols must be adult about Youth Violence Act. | Law | Andrew Fois |
| Pornography prosecution in Germany rattles ISPs; Internet access providers face uncertainty regarding liability after conviction of former CEO.(Legal Tech) | Law | Hans-Werner Moritz |
| Premerger reporting; notification rules are complex; failure to navigate overlapping national rules when negotiating a merger may scuttle the deal.(Multinational Corporations) | Law | Ilene Knable Gotts, Strasserm Sarah E. |
| President Clinton is no Mafia chieftain. | Law | Barry A. Bohrer |
| Prior to the annual proxy and Form 10-K season, counsel should review a recent SEC investigative report suggesting strict compliance with required disclosure. | Law | Bruce Dravis |
| Product labels; when 'made in U.S.A.' is ok; after re-adopting old standard, FTC has issued comprehensive guidelines for interpreting it.(Multinational Corporations) | Law | Francis J. Sailer, Jeffery B. Denning |
| Property or confidentiality? Policy poles conflict; unresolved tensions create a major issue in disputes: how are plaintiffs to define secrets?(Intellectual Property) | Law | James Pooley |
| Prosecutors tread where defenders daren't go. | Law | Harvey Silverglate |
| Public library Internet limits spark litigation; in one case, adult library patrons mount a First Amendment challenge to a library's use of a filter restricting Internet access.(Legal Tech) | Law | John H. Fitzhugh |
| Punitives kept ebbing in second post-'BMW' year; nearly half the cases applying the 'BMW' guideposts reduced punitive damages awards.(Litigation) | Law | Samuel A. Thumma |
| Put tobacco executives on death row. | Law | Ira P. Robbins |
| Qui tam decision upsets precedent; whistleblower provisions of False Claims Act violate Art. III standing requisites, says court.(Litigation) | Law | Jeffrey R. Denman, Attison L. Barnes III |
| 'Race profiling' inflicts injustice on individuals. | Law | Harvey A. Silverglate |
| Receivables can play a role in a region's recovery; securitizations could help many Asian countries if jurisdictions become friendly to the concept.(Pacific Rim) | Law | Neil Campbell |
| Recent cases reinforce a client's right to receive accurate information about a case so that the risks of litigation and the value of settlement can be evaluated. | Law | A. Craig Fleishman |
| Recent Supreme Court cases, along with newer economic theory, cast doubt on the continued viability of the concentration calculus used to evaluate mergers. | Law | Charles Weller |
| Reform the potential attorney-notary conflict. | Law | Michael L. Closen |
| Refugee law still needs fix. | Law | Arthur C. Helton |
| Report by Starr oversteps statutory authority. (Independent Counsel Kenneth Starr) | Law | Gerald Goldman |
| Rights in new media arise from old precedents; cases involving early uses of TV and video suggest that license grants must be drafted clearly.(Intellectual Property) | Law | Mark Radcliffe |
| Rising cable rates rile consumers; legislation to freeze rates is pending in Congress; consumer groups have filed a petition with the FCC requesting a freeze.(Computer/Telecom) | Law | Stephen R. Ross, Susan E. Cosentino |
| Risks of EPLI coverage prove difficult to assess; employment practices liability insurance presents risk factors not found in other policy forms.(employment practices liability insurance)(Insurance) | Law | Jennifer L. Cox, Bernard E. Jacques |
| Rule requires adoption of risk plans; facilities must analyze their worst-case release scenarios and submit public EPA plans.(Environmental Law) | Law | Deborah A. Lawrence, Charles J. Staehler |
| Ruling curbs Lanham Act's cross-border reach; by framing the issue as 'quasi-jurisdictional,' a court opens the door to interlocutory challenges.(Intellectual Property) | Law | Peter L. Skolnik, Steven M. Hecht |
| Running the show is not child's play. (Eva. M. Kripalani, Kinder Care Learning Centers Inc.) | Law | |
| Rust-belt firm goes high-tech. | Law | |
| 'Sage' advice: set it out clearly in public record; an inventor must now describe unambiguously in an application the claim's meaning and scope.(Intellectual Property) | Law | Donald E. Knebel, Lynn C. Tyler, Joseph J. Jacobi |
| Same-sex harassers get equal time; after 'Oncale,' employers should consider implementing sexual harassment policies that deal with same-gender perpetrators.(Employment Law) | Law | Thomas M. Sipkins, Joseph G. Schmitt |
| Scary tales from the tobacco wars. | Law | Stanley Neustadter |
| School supplies for law firms; a look at where some law firms find their newest associates.(Careers) | Law | |
| Scientific law of unintended consequences. | Law | Roman M. Silberfeld |
| Scrutiny of arbitration forums focuses on fairness; courts are adhering to 'Gilmer' mandate to preserve all rights afforded by applicable statutes.(ADR) | Law | George Nicolau |
| Search 'widgets' streamline Internet research; new products help coordinate several search engines and yield more efficient results. | Law | John Hokkanen |
| Securities; class auctions. | Law | John C. Coffee Jr. |
| Securities offerings made on the Web are subject to a panoply of federal and state regulations. But is the paper model appropriate for online transactions? | Law | M. Louise Rickard, Joseph Kershenbaum |
| Services and software help manage legal billings; an entire industry is devoted to making sense of mind-numbing bills and spotting irregularities.(Legal Tech) | Law | Wayne J. Lovett |
| Several recent appellate court rulings highlight the trend towards misapplying the attorney-client privilege and extending the doctrine in unintended ways. | Law | Paul R. Rice |
| Sex harassment enters the same-sex era. | Law | Anne-Marie Harris |
| Shareholder rights will be next battleground. | Law | Jonathan R. Macey |
| Should businesses make special accommodations for those who smoke as well as those who are trying to quit? Current federal law provides no clear answers. | Law | Paul J. Kennedy, Stefanie W. Kohen |
| Should the UCC apply to Year-2000 deficiencies? Software usually is held a good covered by UCC; common law may govern service aspects.(Legal Tech) | Law | Howard A. Gutman |
| Single-asset bankruptcy ruling issued; in a debtor-friendly decision, 7th Circuit held that real estate debtors could retain ownership under 'new value corollary.' | Law | David R. Kuney |
| Sneak attack on U.S. inventiveness. (revocation of long-standing rule against patenting "business methods"). | Law | Robert M. Kunstadt |
| Software on the Internet invites piracy; technological innovations, along with the recently passed No Electronic Theft Act, combat some infringement on the Internet. | Law | Gary M. Lawrence, Charles B. Lobsenz |
| Software patentee must conduct own search; prior-art searches made by the Patent Office often are not thorough enough to be trusted.(Intellectual Property) | Law | Andrew M. Riddles, Brenda Pomerance |
| Speech should be free for all - even billboards. | Law | David L. Hudson Jr. |
| Spoliation issues arise in digital era; litigants must decide when the duty to preserve routinely disposed-of electronic files, such as voice mail or e-mail, arises.(Litigation) | Law | Richard F. Ziegler, Seth A. Stuhl |
| Stand by for new set of rules on letters of credit; international standby practices are more detailed than current rules - and take effect Jan. 1.(Banking) | Law | Robert S. Rendell |
| Starr abused his relationshiop with grand jury. (Special Prosecutor Kenneth Starr) | Law | Chester L. Mirsky, Harry Subin |
| Start-ups must plan for both success and failure; entrepreneurs should be ready to cash out at the optimal time or bail out if the need arises. (Exist Strategies)(Start-Up Companies) | Law | Pamela V. Rothenberg |
| States that flout world opinion may incur loss. | Law | Peter J. Spiro |
| 'State Street' sets seismic precedent; Federal Circuit rules a program designed solely to make financial calculations is patentable; case will have great impact.(Software Rights) | Law | Aaron C. Chatterjee, William T. Ellis |
| Stocking up: corporate shopping, 1990s style; stock-for-stock business combinations, the decade's M&A deal of choice, will likely continue unabated into the millennium.(Securities/M&A) | Law | Peter Allan Atkins |
| Suits against managed care providers may elude ERISA; with increasing success, malpractice and quality-of-care claims against HMOs are circumventing ERISA's broad pre-emption.(Health Care) | Law | David Schultz, Tracey Galinson |
| Suits over water quality spark action; challenges to EPA's failure to establish 'total maximum daily loads' for states have prompted new policy and renewed activity.(Environmental Law) | Law | Lee A. DeHihns III |
| Supplement sales in E.U. soar; regulations abound; until the E.U. implements harmonizing legislation, companies marketing dietary supplements should know individual laws.(International Law) | Law | Keith A. Barritt |
| Supreme Court clarifies NLRB polling standard; the high court's ruling should lead to consistent application by ALJs and reviewing courts.(Employment Law) | Law | Wayne A. Hersh, Jon G. Miller |
| Surrogacy agreements pose biotech quandary for courts; two state courts address novel issues in gestational surrogacy contracts. One looks to adoption law, the other to intent. | Law | Mark Momjian |
| Switch in tactics in Hopwood appeal; impact of racial preference ban is new focus of UT law school's attempt to lift it. | Law | Janet Elliott |
| Takeover bylaws: a wrench in the proxy works. (response to Jonathan R. Macey, National Law Journal, Feb. 16, 1998) | Law | Marc B. Tucker |
| Target: Microsoft; in a WQ&A, the company's leading critic urges a strategy for Justice. (Gary L. Reback, of Wilson, Sonsini, Goodrich, and Rosati)(Interview) | Law | |
| Tax breaks aid employees overseas; companies that send workers abroad need to analyze foreign tax and compensation issues.(Multinational Corporations) | Law | David K. Armstrong |
| Tax treatment; rules for partnerships usually apply; ventures can be structured so as to optimally address several regulatory and control issues.(Joint Ventures) | Law | Robert P. Krauss, Harvey N. Shapiro |
| Techie client service. | Law | Wendy R . Leibowitz |
| Technological turmoil eased with outsourcing; MIS tasks that are not specific to the legal market may be best farmed out to expert vendors.(Legal Tech) | Law | Thomas A. Gelbmann |
| Tech-related bills pile up in Congress; pending bills cover click-wrap licenses, unsolicited e-mail, Web material 'harmful to minors,' online gambling and privacy.(Legal Tech) | Law | Ronald J. Palenski |
| Telecommuting raises liability and tax concerns; firms should anticipate legal, business issues when lawyers work outside the office. | Law | Nicole Belson Goluboff |
| The 1998 proxy season was an active one, with corporate boards appearing more willing to listen to the concerns and complaints of company shareholders. | Law | Richard H. Koppes |
| The 2d Circuuit sides with the 4th Circuit by limiting the right of old-equity participants to preserve their interests under the 'new-value exception.' | Law | Howard Seife |
| The 3d Circuit, in a ruling involving Marvel, has clarified when a conflict of interest can disqualify an attorney from a case. | Law | Alan B. Miller, Jeffrey L. Tanenbaum |
| The 3d Circuit weighs in on the debate over the McCarran-Ferguson Act's preclusion of RICO and other federal claims for insurance-related fraud. | Law | Timothy C. Russell |
| The 8th Circuit's invalidation of Justice Department rules on ex parte contacts with employees of a company under investigation has raised other questions. | Law | Scott W. MacKay |
| The bar must campaign for the independence of the judiciary - and of the legal profession itself.(ABA '98: Putting Justice In the Justice System) | Law | Philip S. Anderson |
| The case for a code of ethics for legal analysts. | Law | Laurie L. Levenson, Erwin Chemerinsky |
| The comptroller of the currency has been taking measures that will offer some latitude to national banks that want to offer insurance. | Law | John Douglas |
| The current federal product-safety requirements for reporting potentially dangerous products have caused confusion among the nation's manufacturers. | Law | Michael R. Lemov |
| The dazzling power movies gie us to see ourselves as others see us. | Law | Michael Asimow |
| The EEOC has delineated the risk of liability for retaliation when an employer takes action against a worker who complains of discrimination or harassment. | Law | Eric J. Wallach, Mark E. Greenfield |
| The Federal Communications Commission has addressed whether Internet telephony providers must pay access charges, as well as other Internet issues. | Law | James W. Olson, Gregory F. Intoccia |
| The Federal Trade Commission, seeking to regulate Internet businesses, scored a partial victory in a provision in the budget bill passed by Congress. | Law | D. Reed Freeman Jr., Lewis Rose |
| The Fifty Most Influential Women Lawyers in America. (special supplement) | Law | Andrew Dunn, Margaret Cronin Fisk, Nancy Lackman, Rex Bossert, Jeni Gallagher |
| The fine print of NBA vs. Sprewell. | Law | Roger J. Abrams |
| The House of Representatoves has passed legislation that would protect the development and use of databases,l but will the Senate follow suit this term? | Law | Andrew L. Deutsch |
| The importance of the Bankruptcy Code's protections for aircraft financiers has been underscored by the recent Chapter 11 filing of Pan American Airways. | Law | Marvin E. Jacob, Michele J. Meises |
| The line item veto isn't a 'veto' at all. | Law | Steve Charnovitz |
| The millennium bug; multinational Year-2000 efforts may be odysseys; U.S. compliance measures may not suffice overseas, especially in nations that are unprepared.(Multinational Corporations) | Law | David E. Mendelsohn |
| The preliminary injunction comes back in vogue; it can be less expensive for the patentee than the infringer, and a very valuable discovery tool.(Intellectual Property) | Law | Don W. Martens, Paul N. Conover |
| The president has the right to personal leave. | Law | Marshall H. Tanick |
| The president's spinmeister tells all - er, sort of. (Lanny J. Davis, former member of President Bill Clinton's legal and media team fielding public inquiries into the scandals)(Interview) | Law | |
| The Reform Act's 'safe harbor' provision has resulted in dismissals of cases when forward-looking statements were identified as such and risks were disclosed. (Private Securities Litigation Reform Act of 1995) | Law | Laura A. Cooper, Richard L. Levine |
| The SEC has issued an interpretative release delineating the instances when an offshore offering of securities made on the Internet must be registered. | Law | Arthur B. Laby |
| The sound of one computer copy. | Law | Wendy Leibowitz |
| The spike in mergers is prompting U.S. courts to compel corporate parties who have not signed any arbitration agreements to arbitrate international disputes. | Law | Allen B. Green, Jamie L. Boucher |
| The Supreme Court granted cert. in '203 North LaSalle Street Partnership,' which should resolve the split over the meaning of the new-value doctrine. | Law | David R. Kuney |
| The Supreme Court has agreed to take up an issue that has stymied regulators and judges: waste disposal facilities planned for construction in minority areas. | Law | John Chambers |
| The Supreme Court's ruling permitting same-sex harassment suits is one of several employment cases on this term's docket. | Law | Kathleen M. McKenna, Allan H. Weitzman |
| This lawyer's job offers a daily grind. (Shelley B. Lanza, senior vice president and general counsel, Starbucks Corp.) | Law | Barbara Palermo |
| Three methods can set value for tech licenses; the income approach, which looks to net cash flow, is used more than the market or cost.(Intellectual Property) | Law | Billy A. Robbins |
| Time is running out for appeals court reform. | Law | Carl Tobias |
| Tobacco lawyers shame the entire profession. | Law | Geoffrey G. Hazard |
| Tort claims against title insurers will likely fail; most state courts limit awards to contract damages, not those arising from negligent search.(Real Estate) | Law | Raymond N. Hannigan, Michael G. Albano |
| Trademarks may thwart gray market importers; manufacturers hurt by recent Supreme Court copyright ruling may turn to trademark laws.(Intellectual Property) | Law | Michael L. Brody, Darren C. Baker |
| Transfer prices; tax officials will target intercompany transfers; multinationals must defend the prices they set, but the method of calculation may be disputed.(Multinational Corporations) | Law | William W. Chip |
| Traveling with a laptop may land you in trouble; most business travelers are unaware that carrying a computer abroad constitutes an export subject to U.S. law and regulations.(Legal Tech) | Law | George N. Grammas, Lisa M. Sotir |
| Two branches ponder 'SARE' role in Ch. 11; single-asset real estate insolvency is the subject of reform bills and will be affected by a Supreme Court ruling on 'new value.'(Bankruptcy) | Law | Joyce A. Kuhns |
| Two federal courts differ on whether a company has the right to refuse to deal with a company, and the rulings may affect the FTC's case against Intel Corp. | Law | John E. Daniel |
| UCC 2B could result in ambiguous IP rights; the draft's failure to cover all forms of IP licenses may lead to disparate ownership rules.(Intellectual Property) | Law | Susan Barbieri Montgomery, Robin Maisashvili |
| U.K. reforms its transfer pricing rules; legislation, sparked by self-assessment, calls for taxpayers to figure arm's-length prices on their own.(International Law) | Law | Mark Baldwin |
| Under strict rules, electronic records can enter; PTO allows electronic evidence in patent interferences now, but FRE must still be followed. (Patent and Trademark Office, Federal Rules of Evidence)(Patent Law) | Law | Colin G. Sandercock, Pavan K. Agarwal |
| Under the 'merger of equals' doctrine, can a target board always favor a friendly suitor when a second bidder makes a higher, unsolicited offer? | Law | John c. Coffee Jr. |
| Unexpected SEC issues are arising online; particular features of the Internet can affect insider trading, stock manipulation and other areas subject to SEC regulation.(Securities/M&A) | Law | Steven Wolowitz, Anthony J. Diana |
| U.N. prosecutor applauds 'innovations.' (Louise Arbour).(Interview) | Law | |
| Uphill but satisfying struggles of an animal rights attorney; federal legislation to aid animals is sadly lacking.(Careers) | Law | Ginny Mikita |
| U.S. business stands by as foreign rivals profit from Cuban investment; companies that plan ahead will have edge when market opens. | Law | Lawrence E. Koslow |
| U.S. has wounded international justice. | Law | Jerry Fowler |
| U.S. help to art claimants sets a poor legal precedent. | Law | Jeremy G. Epstein |
| Using Viagra to test law students. | Law | Carol Sanger |
| U.S. laws take priority over U.C.C.; Art. 9 of the U.C.C. excludes 13 types of collateral, including IP and federal government debts.(Bankruptcy) | Law | Frank Vram Zerunyan |
| V-cap atty's should plan for a merger; counsel can protect the venture investor's interests at two points: the certificate of incorporation and the merger documents. | Law | Timothy Tomlinson |
| Venture-cap funds eschew investments in LLCs; benefits of the LLC form, such as flow-through taxation, are of little value to venture funds.(Venture Capital) | Law | Steven F. Carman |
| Virtue versus virtuosity: Clinton's dire dilemma. (President Bill Clinton) | Law | Tibor R . Machan |
| Visions of embargo falling spark U.S.-Cuba IP battles; posturing for future free-trade era ignites suits over cigar and rum brand names and a flurry of IP registrations in both nations. | Law | Pamela S. Falk |
| Visuals are vital factor in jury test; nonverbal elements of a case frequently are overlooked when conducting pretrial research.(Litigation) | Law | Edward M. Bodaken, Daniel E. Winter |
| Volunteers expand their repertoires; thanks to pro bono organizations across the country, those who starve for their art don't need to forgo legal representation.(Pro Bono) | Law | Alexis Bloom |
| Web access to courts. | Law | Wendy R. Leibowitz |
| Web sites serve students as job-search resources; increasingly, law firms use the Internet to court tech-savvy law students - and vice versa.(Legal Research) | Law | Alexis Bloom |
| We can go too far in protecting public officials. | Law | Marc D. Stern |
| We may soon regret the FTC's lack of courage. (its decision on "Made in USA" labels) | Law | Christopher Brewster |
| What will the tobacco fees set in motion? | Law | Charles W. Wolfram |
| When competitors ally, agreements often sour; the best protection for a party is a clearly worded contractual statement of rights and duties.(Joint Ventures) | Law | Dennis L. Zakas, Nancy Nianqing Liu, Jeffrey P. Brown |
| When Microsoft is split up, the public will gain. | Law | Jeffrey M. Shohet |
| When standards don't match, companies pay; compatible tech standards should be a key issue for both sides in contract negotiations.(Computer/Telecom) | Law | Gordon Caplan |
| Where goodwill is established, rights may follow; worldwide decisions show that trademark protection may attach despite nonuse of mark.(Intellectual Property) | Law | Dyann L. Kostello |
| Where to go; a regional listing of job prospects for attorneys.(Careers) | Law | |
| While most courts do not hold bulk suppliers of component parts liable for their customers' use, analyses vary significantly. | Law | Sheila L. Birnbaum, J. Russell Jackson |
| 'White Paper' leaves some domain gray; latest policy statement on privatization of the Internet domain-name system doesn't resolve all trademark, governance issues.(Legal Tech) | Law | Sheldon H. Klein, Anthony V. Lupo |
| Windows DNA offers safe means of transmission; legal departments can make secure transfers of sensitive information to outside counsel.(In-House Tech) | Law | Carl Lee Sutherland |
| Winning the verdict with videos and virtual reality; many traditional forms of evidence are not yet obsolete, but litigators are relying on technology to persuade the jury.(Visual Evidence) | Law | Robert J. Bingle |
| With designed exhibits, substance trumps style; emphasis must be on integrity of fact, to ensure admissibility, as well as on comprehensibility.(Litigation Strategy) | Law | Suann Ingle |
| With professionalism movement well under way, it is time for lawyers to address justice issues.(ABA '98: Putting Justice In the Justice System) | Law | Jerome J. Shestack |
| With the release of the Securities and Exchange Commission's 'plain English' rules, issuers and investors alike must adjust to a world of greater clarity. | Law | Stephen I. Glover, Lawrence R. Bard |
| Womanly approach harms future lawyers. | Law | Arthur Astin |
| Would-be thieves: discovery not always allowed.(Intellectual Property) | Law | Efrem M. Grail, W. Thomas McGough Jr., Jeffrey M. Klink |
| WTO opens disputes to private voices; in the 'Shrimp-Turtle' decision, the Appellate Body for the first time accepted amicus briefs from nonstate parties.(World Trade Organization)(Environmental Law) | Law | James (Director) Cameron, Stephen J. Orava |
| Y2K landscape in 1999. | Law | |
| Y2K liability looms for failures of third parties; companies must obtain written certification that suppliers and vendors are millennium-ready.(Legal Tech) | Law | Deborah L. Bayles |
| Y2K remediation raises copyright fair-use issues; companies modifying software as part of Y2K compliance can reduce risk of infringement.(Software Rights) | Law | Chris Chrisbens, Scott Allison |
| Year-2000 bug may affect companies' products; businesses now should assess whether to forewarn end-users of potential product failures. | Law | Richard I. Werder Jr. |
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