The National Law Journal 1999 - Abstracts

The National Law Journal 1999
TitleSubjectAuthors
9th Circuit upholds conviction; managers overseeing operations that cause environmental harm may be held criminally liable under the Clean Water Act.(Environmental Law)LawMark C. Holscher, Paul E. Mosley
ABA tackles new Immigration Act; the ABA is taking a two-tiered approach to aiding immigrants who may be summarily deported or detained by agents of the INS.(Pro Bono)LawRuth Singleton
'A Certain Justice' portrays British lawyers warts and all.LawFenton Bresler
A CGL is not sole source of Y2K coverage; corporations may be able to recover their millennium-bug remediation costs under their property insurance policies as well.(Legal Tech)LawAndrew M. Reidy, Robert L. Carter Jr.
'A Civil Action' holds up a mirror to David vs. Goliath litigation.LawMichael Asimow
ADA rulings look good to businesses; the court favored employers' definition of 'disability,' but business rulings were mixed.(Supreme Court Review)LawDonald M. Falk
ADR is the better way to settle disputes over Y2K; mediation and arbitration allow parties to control the process in ways that litigation cannot.(Legal Tech)LawM. Scott Donahey
Advanced technology helps law firms go global; Latham & Watkins and Winston & Strawn are among those that had to integrate foreign offices.(Legal Tech)LawJim Feuerstein
Advertising law; the 'puffery' defense.LawJeffrey S. Edelstein
After 'Feltner,' how will juries decide damages? Case that rules 7th Amendment requires jury trial for copyright statutory damages leaves gaps.(Intellectual Property)LawDavid Nimmer, Jason Sheasby
A lawyer unafraid to call the shots.(Charles R. Morgan, executive vice president and general counsel, BellSouth Corp.)Law 
A legal director stars in Hollywood.(Robert Brada, executive vice president and general counsel, Metro-Goldwyn-Mayer Inc.)Law 
Allegations of misdeeds call for caution; when a company is under criminal investigation, counsel must react swiftly but also need to avoid ethical violations.(Corporate Counsel)LawPaul J. Lambert
All shook up at Shook Hardy; associates gripe at expanding Midwest tobacco defense firm.(Missouri)LawMichael D. Goldhaber, Carlyn Kolker
A 'Markman' hearing can determine case outcome; it is prudent to have a litigator experienced in drafting claims and getting them through PTO.(Patents & Biotech)LawSteven Z. Szczepanski, Floyd R. Nation
Antitrust; 'California Dental.'LawCharles D. Weller
Antitrust enforcers step up scrutiny of MFN clauses; insurers and health care providers should understand the competitive effects of 'most favored nation' pricing.(Health Care)LawErik F. Dyhrkopp, Andrew H. Kim
Antitrust; joint collaboration guidelines.LawHarvey Applebaum, Michael Fanelli
Are dietary supplements a food, drug or drag?LawEric F. Greenberg
As smoke clears, Fla. high court faces other cases; tobacco drew all the headlines, but court also heard family law, criminal law and other matters.(The NLJ Visits)LawDavid Nadvorney
A tale of two teach systems or how to merge law firms; when two practices combine, figuring out how to integrate the firms' technologies should be addressed as soon as possible.(Legal Tech)LawCurt A. Canfield, Barbara J. Gerth
At work on the home front; two young attorneys - one in Tennessee, the other in New Jersey - return to their roots to fight for those less fortunate.(Pro Bono)LawEric Adler
Audit committees need to serve as 'watchdogs;' a stock exchange panel issues a call for better financial reporting by businesses.(Corporate Secretaries)LawMichael Dockterman
Ay, the rub: a regulatory rift over reserves: to heed the SEC or banking agencies: that is the question for depository institutions with regard to their loan-loss allowances.(Banking Law)LawThomas M. Leahey
Banking; after Glass-Steagall.LawJohn M. Pachkowski
Banking law; financial privacy.LawThomas B. Smith
Bankruptcy companies.LawJonathan Lipson
Bankruptcy law; HMOs as debtors.LawSamuel R. Maizel
Bankruptcy; new-value exception.LawHoward Seife, Lois Dix
Beauty contests are high-stakes games; as more companies hold 'partnering' competitions, firms can employ strategies to maximize the likelihood of success.(Law Firm Marketing)LawAnn Lee Gibson
Bermuda bids to become beachhead for e-business; island's drive to serve as a hub for e-commerce is manifest in its Electronic Transactions Act.(E-Commerce)LawDuncan Hall
Big shoulders; the state's top 10 litigators include heavy hitters for both plaintiffs and defendants.(The NLJ Visits)LawCathy McNeil Stein, Tamara S. Klein
Boards adopt governance guidelines; General Motors took the lead in 1994; now, spurred by investors' pressure, every company seems to be doing it.(Corporate Secretaries)LawHenry Lesser, Matthew M. Gosling
Brazil moves to privatize its electric power sector; by developing the industry, the government is providing new investment opportunities.(International Law)LawJose W. Fernandez, Guilherme G. Schmidt
'Brookfield' sets standards on domain name rights; 9th Circuit made key rulings on intent to use doctrine and use of another's mark in metatags.(Intellectual Property)LawAndrew S. Mansfield, James P. Jenal
California publicity bill pits stars against studios; at issue is extent of exemptions for use of a celebrity likeness in some works or entertainments.(Intellectual Property)LawStephen M. Goodman
Captives represent attractive alternatives; with the softening of regulatory standards, these flexible forms have spread to smaller firms.(Corporate Counsel)LawDavid Jacoby, Judith S. Roth
China has eased foreign venture capital deals; although the government has indicated its support, investors still must be wary of pitfalls.(International Law)LawHoward Chao, Stella Leung
Citadel foe feels ripple effects; attorney who beat S.C. institution finds career in shambles.(Robert R. Black)LawWade Stevens Ricks
Civil discovery missteps invite criminal sanctions; once almost unheard of, prosecution for perjury or obstruction of justice arising from civil discovery is now more common.(Litigation)LawBruce E. Yannett, David A. Weinstein
Class-action reforms spur derivative claims; shareholders are taking a fresh look at derivative suits to pursue investor fraud cases.(Securities/M&A)LawMichael A. Collora, David M. Osborne
Class claims arise under the FLSA; as Title VII class actions draw judicial scrutiny, plaintiffs turn to the Fair Labor Standards Act as a new vehicle for suits.(Litigation)LawSamuel D. Walker, David S. Fortney
Click-wrap licenses: the pros and cons; no court has ruled definitively on their enforceability; licensors should consider several factors in determining optimal use.(XSoftware Rights)LawEdward J. Hansen, Cheryl R. Covello
Co-infringement risk rises with software patents; Federal Circuit will likely rule on whether an action for contribution can be brought against alleged patent co-infringers.(Software Rights)LawAndrew L. Tiajoloff
Combined plan limit repeal; both employers and employees who participate in tax-qualified retirement plans can benefit from change in tax code.(Personal Finance/Tax)LawLouis T. Mazawey, Michael J. Collins
Commission seeks to change competition rules; the new E.C. 'block exemption' may significantly reduce certainty for large companies.(International law)LawFiona Carlin
Complexities abound in offsetting LLCs' losses; basis, at-risk and passive-loss rules may hold pitfalls for investors in real estate LLCs.(Real Estate Law)LawStephen P. Milner
Complex litigation; medical monitoring.LawLinda Mullenix
Complex litigation; the art of interviewing.LawLinda Mullenix
Compliance programs curb risk of insider trading.(Corporate Secretaries)LawJohn L. Latham, Todd R. David
Congress, e-businesses focus on privacy issues; self-regulation may be key to ensuring privacy online - and to keeping out the feds.(Internet Law)LawDavid B. Hamilton, Kelly J. Davidson
Congress helps resolve 'Net copyright issues; the new Digital Millennium Copyright Act provides safe harbors for service providers.(Intellectual Property)LawMark F. Radcliffe
Consumer suits target prescription drug benefits; advocacy groups are seeking rights, information, recourse under state and federal laws.(Corporate Counsel)LawWendy C. Goldstein, Mark E. Lutes
Consumer suits target prescription drug benefits; advocacy groups are seeking rights, information, recourse under state and federal laws.(Corporate Counsel)LawWendy C. Goldstein, Mark E. Lutes
Continuing legal education.Law 
Continuing legal education.Law 
Continuing legal education.Law 
Continuing legal education.Law 
Continuing legal education.Law 
Corporate law; defining privilege.LawDavid B. Alden
Corporate law; electronic proxies.LawStephen I. Glover, Lanae Holbrook
Court leaves arbitration issue open; after 'Wright,' the deferral standards of the NLRB may help courts determine the arbitrability of employment law claims.(Employment Law)LawBruce J. Kasten, Patrick W. Coady
Courtroom of the future still has some glitches to iron out; remember 'Lockwood' appeal? Low-tech error led to Web glitch.(Visual Evidence)LawAlan Cohen
Courts are in conflict over arbitration forum battles; parties should specify whether disputes within a proceeding should be arbitrated to avoid protracted litigation and expense.(ADR)LawDamon Vocke, Jennifer Kaplan Schott
Courts, Congress re-examine nondrug products; makers of dietary supplements now can tout health benefits with less FDA interference.(Health Care)LawHoward M. Rubin
Courts differ over trade dress for diverse products; recent 5th Circuit golf course ruling is one that could make trade dress analysis less hazy.(Intellectual Property)LawJoseph R. Dreitler
Courts hold government liable for cleanup costs; potentially responsible parties may pursue Superfund liability claims against U.S. entities.(Environmental Law)LawR. Timothy McCrum
Court spurns extension of privilege; in audit, third-party talks not protected from IRS.LawDeborah Pines
Courts split over encryption as protected speech; 9th Circuit's ruling that First Amendment protects source code clashes with other courts.(Software Rights)LawThomas E. Crocker
Courts will confront FDCA pre-emption issue; Food, Drug and Cosmetic Act regulations may trump state failure-to-warn liability.(Corporate Counsel)(Food, Drug and Cosmetic Act)LawDarrell M. Grams, Sean M. Higgins
Court throws jurisdictional curve ball; the D.C. Circuit refuses to uphold an arbitration award against a foreign government for lack of minimum contacts.(International Law)LawGrant Hanessian, Charles M. Davidson
Coverage for 'business torts' may include IP claims; insurance may cover claims for misappropriation of secrets and trademark infringement.(Intellectual Property)LawJames R. Segerdahl
Creative use of IP portfolios helps secure financing; decreased availability of capital from traditional sources puts a premium on alternative routes.(Patents & Biotech)LawCharlotte H. Copperthite, Michael J. Lerner
Criminal cases made no huge waves; but court issued major rulings on the confrontation clause, habeas corpus, other issues.(Supreme Court Review)LawIra Mickenberg
Criminal law; effective assistance.LawLaurie S. Levenson
Criminal law; penalties for lying.LawLaurie S. Levenson
Criminal law; proffer pitfalls.LawLaurie S. Levenson
'Daubert' has made lawyers act professionally.LawJames A. Young
D.C. Circuit heard Clinton, Microsoft and more; in an 'exceptional' year, the court handled headline matters as well as routine appeals.(The NLJ Visits)LawJulie Brienza
D.C. court strikes EPA ozone rules; the 'American Trucking' decision may significantly curb U.S. agencies' abilities to make discretionary policy decisions.(Environmental Law)LawDavid M. Friedland, David M. Williamson
Decision may leave partners unprotected; a recent 3d Circuit ruling ordering limited partners to pay back distributions may affect law firm partners nationwide.(Practice Management)LawHarris Ominsky, Nancy R. Peterson
Defending the turf at Hewlett-Packard.(S.T. Jack Brigham, senior vice president-corporate affairs and general counsel, Hewlett-Packard Co.)Law 
Developers use civil rights laws to fight zoning; homes for the elderly at issue in suits that rely on the ADA and the FHA.LawBill Rankin
Direct ads may create liability dangers; consumer advertising by drug manufacturers has reopened the issue of expanded liability.(Corporate Counsel)LawJay B. Spievack
Directory of law firm pro bono programs.(Pro Bono)Law 
Discovery; amending the rules.LawRobert L. Byman, Jerold L. Solovy
Discovery; does it pay to pay witnesses?LawJerold S. Solovy, . Robert L. Byman
Discovery; the utility of RFAs.(requests for admission)LawRobert L. Byman, Jerold L. Solovy
Dispute over modified food hits U.S.; criticism of genetically charged organisms has spread from Europe, but supporters of biotechnology are beginning to fight back.(Food & Drug Law)LawMark Mansour, Jennifer B. Bennett
Does 'Ryan' put 'Tasini' on the road to reversal? Authors' victory in photocopy distribution case causes some to question viability of 'Tasini.'(Intellectual Property)LawDon F. Livornese
'Do it on the cheap' justice must go.LawVivian Berger
DOJ and states keep escalating fraud enforcement; health care fraud has been the No. 2 federal priority; 47 states now have fraud control units.(Health Care Law)LawKen Blickenstaff
Domain-name deals demand diligence in drafting; the transfer agreement can be essential in avoiding IP disputes and other pains in the domain.(E-Commerce)LawPeter J. Ansel
D&Os may be exposed in corporate bankruptcy; when suits against them are likely, directors and officers may be unprotected by policies.(Corporate Counsel)LawRandy Paar, Mark D. Silverschotz, Jason A. Stern
Early Y2K rulings: every party has responsibility; millennium bug is now common knowledge; duty to mitigate is more vital than placing blame.(The Y2K Problem)LawDavid Johnson
E-commerce prompts sales tax reform; business groups, consumer advocates and government are divided over how to adapt sales tax system to online transactions.(Personal Finance/Tax)LawRobert A. Hickey
Economic uncertainty spurs new debt deals; flagging conditions in emerging markets complicate new and existing project financing.(International law)LawRobert S. Rendell
E-litigation; clicks and contracts.LawKurt A. Wimmer
E-litigation; the digital dilemma.LawKurt A. Wimmer
Employment; a 'BFOQ' defense.LawGloria Allred, Dolores Y. Leal
Employment law; age discrimination.LawAllan H. Weitzman, Justin M. Senior
Employment law; 'disability' honed.LawDana S. Connell
Employment law; 'employee' defined.LawRodney H. Glover
Employment law; same-sex harassment.LawAllan H. Weitzman, Justin M. Senior
Employment law; the inquiry issue.LawGloria Allred, Lisa Bloom
EMTALA claims need no proof of improper motive; high court says plaintiffs suing hospitals under Emergency Medical Treatment and Active Labor Act need no bad-intent proof.(Health Care Law)LawAllen D. Allred, Karen A. Carr
Environmental issues affect global trade talks; as trade disputes involving environmental concerns escalate, businesses should pay attention to the WTO's Millennium Round.(World Trade Organization)(International Law)LawPaul E. Gutermann, Laura M. Reifschneider
Environmental; 'new source' scrutiny.LawJonathan S. Martel
Equal protection is given new terrain; Connecticut high court's holding that equal protection applies to a selective treatment claim opens new territory in land use law.(Connecticut)(Real Estate Law)LawJohn C. Cooke, Christine Carlisle Odom
Ethics crossfire: two legal titans face off.LawGeoffrey C. Hazard Jr., Lawrence J. Fox
E.U. biotech directive departs from U.S. practices; patentability standards largely are similar, but U.S. applicants should be aware of differences.(Patents & Biotech)LawKevin J. Dunleavy, Milan M. Vinnola
E.U. competition law; essential facilities doctrine.(European Union)LawDarrell Prescott, Katarzyna A. Buchen
Evidence; McVeigh and fairness.LawDaniel J. Capra
Expansion of trademark law yields trickier search; development of unusual marks, dilution law and the Internet complicate clearance process.(Intellectual Property)LawGlenn A. Gundersen
Expect XML to change the practice - markedly. Step aside, HTML. Extensible markup language is tagged to revolutionize legal applications.(Legal Tech)LawMarc Lauritsen, Alan J. Rothman
FCC gains upper hand over local telephone companies; a recent high court decision and an FCC order on ISPs uphold the FCC's regulatory primacy over local telecommunications.(Computer/Telecom)LawOwen D. Kurtin, Beth S. Noveck
FDA is aggressively enforcing GMP compliance; the agency has heightened the sanctions for deviations from good manufacturing practices.LawRaymond Bonner, I. Scott Bass
Federal Circuit rulings damage patent law.LawAllan N. Littman
Federal courts disagree on pleading securities fraud; circuits differ on meaning of pleadings requirement for scienter under the Private Securities Litigation Reform Act of 1995.(Corporate Counsel)LawSteven B. Rosenfeld
Federal evidence; looking at vital rules.LawDaniel J. Capra
Federal Rule will trim length of appellate briefs; new Fed.R.App.P. 32 shortens appellate briefs, but electronic briefs, if available, can fill gaps.(Litigation)LawFrancis X. Gindhart
Firm exam tests writing skills.(Connelly Sheehan Moran)Law 
Foreign parties invoke U.S. law to seek evidence; while Sec. 1782 is an important device, rules on its application vary among circuit courts.(Litigation)LawW. Cameron Beard
Franchise law; dealer terminations.LawEthan M. Posner, Lisa J. Stevenson
Franchise law; disclosure proposals.LawDavid J. Kaufmann
FTC clarifies Hart-Scott-Rodino filings for LLCs; because the rules still favor partnerships, merging parties should plan deals carefully.(Corporate Counsel)LawRobert A. McTamaney
Gay, white, GOP man finds office.Law 
Gitic bankruptcy signals China's new debt policy; Gitic is the first P.R.C. financial institution to be put into bankruptcy; an untested bankruptcy law will now come into play.(International law)LawGordon G. Chang
Global arbitration; WIPO emergency relief rules.(World Intellectual Property Organization)LawAllen B. Green, Danielle D. Hallcom
Goldfish cracker case upholds emerging claim; the 2d Circuit affirmed an injunction based solely on trade dress dilution, not confusion.(Intellectual Property)LawJennifer A. Van Kirk, Rosemarie Christofolo
Good reading for the holiday break; maybe the best thing about being a lawyer is that just about everything is relevant.Law 
Government contractors face additional hurdles; because agencies often call the shots, even old contracts may need to have Y2K provisions.(The Y2K Problem)LawJean-Pierre Swennen, John E. McCrthy Jr.
Grace faces SEC over financials; defense lawyers say suit breaks new legal ground.LawEllen L. Rosen
Harassment-proofed is liability-proofed; the EEOC and the Supreme Court clarify ways employers can limit of escape liability for supervisory harassment.(Corporate Counsel)LawKristine W. Samuels, Sandra Leung
Health law; 'gain-sharing' under fire.LawSanford V. Teplitzky, William T. Mathias
High court displaying patent mistrust; in recent years, rulings of the Federal Circuit seem to get no respect in the Supreme Court.(Patents & Biotech)LawPaul E. Schaafsma
High court rules on HMO liability, evidence, torts; HMOs may be liable through apparent, implied authority; premises liability is expanded.(The NLJ Visits)LawFrancis A. Citera, Ann M. Ungvarsky
High-tech courts will ease crunch in 21st century; because filings could quadruple, speed is a must.LawElizabeth Amon, Wendy R. Leibowitz, Rex Bossert
High-yield bonds on the rise in Europe: European high-yield debt presents legal issues related to the differences between such bonds and their U.S. counterparts.(International Law)LawPeter S. Brown
His drive landed him on the green.(Mark E. Stilwell, executive vice president, Pebble Beach Co.)Law 
His job at Lucent spans the globe.(Richard J. Rawson, senior vice president, general counsel and secretary, Lucent Technologies )Law 
Huh? I'm the lead plaintiff? Lawyer's surprise status is a peek into securities reforms.Law 
If Starr is the future of justice, God help us.(Special Prosecutor Kenneth Starr)LawEdward N. Costikyan
Immigration law; H-1B visas for 'specialty' workers.LawDan Hartsfield, Rodney A. Malpert, Amanda Petersen
In any tongue, descriptive marks fail; doctrine of foreign equivalents holds that generic word in foreign country is generic here.(Intellectual Property)LawPeter H. Kang, Barbara Nesbet
In China, 'discoveries' are not patentable; not every substance with medicinal qualities is afforded patent protection as a pharmaceutical under Chinese law.(International Law)LawLaura W. Young
India returns insurance to private sector; by privatizing the industry, Parliament is offering foreign investors access to one of the world's largest developing markets.(International Law)LawKevin F. D'Amour, Manisha Singh, Ravinder Singhania
Indoor air quality cases involve causation, coverage; allegations of 'sick building syndrome' have spread liability net to a variety of defendants.(Real Estate Law)LawThomas K. Bick
In N.Y., employment bias suits go begging; lawyers prefer an angry inmate to a disgruntled employee as a pro bono client.(Pro Bono)LawBeth Slater
In 'Pfaff' case court clarifies on-sale bar; high court rules an offer for sale starts one-year clock even if invention exists just on paper.(Intellectual Property)LawJoseph R. Re, Douglas G. Muehlhauser
Intellectual property assets raise insurance issues; companies may seek coverage specifically designed for IP- and Internet-related risks.(Intellectual Property)LawTimothy J. Fitzgibbon, John F. Cahill
Internet jurisprudence.Law 
Internet may offer access to U.S. cash; cautious foreign entrepreneurs trying to avoid an I.P.O. still can gain entry into the U.S. market.(Silicon Valley/ Alley)LawRandolph L. Tom, Aaron G. Gunderson
Internet software may be be protected abroad; counsel's challenge is to overcome policy, statutes and case law that limit U.S. patents' scope to the nation's borders.(E-Commerce)LawCharles B. Lobsenz, James G. Gatto
IP attorneys find the Net hits the mark; the Web sites of U.S. and foreign PTOs are among the online resources that can help counsel prosecute and police trademarks.(Legal Research)LawGalina A. Krasilovsky Kirman
IP decisions strip owners of claims against states; recent Supreme Court rulings hold that the states are not bound by federal IP laws.(Intellectual Property)LawMichael J. Mehrman
IP policing a priority amid profusion of online piracy; traditional means of battling infringement are proving less successful in the face of rapidly evolving Internet communications.(Legal Tech)LawRobert G. Gibbons, Lisa M. Ferri
IRDA offers protection - with limits; the Year 2000 IRDA is intended to reduce liability, but since it doesn't cover all the bases, companies still need a good plan.(The Y2K Problem)LawTerrence C. Budd, Curtis B. Krasik
ISP immunity gives little recourse for the defamed; libel victims are now more vulnerable, particularly when online authors are hard to find.(Computer/Telecom)LawVictor H. Polk Jr.
Is 'team raiding' misappropriation? Wal-Mart claims Amazon.com obtained its trade secrets by hiring skilled retail employees.(Intellectual Property)LawMike Lynn
It's too soon to tell if PLI can reduce disputes; pollution liability insurance, meant to fill CGL gaps, has only recently come to prominence.(Corporate Counsel)LawJanine Landow-Esser, Michael S. Mostow
iVillage faces federal suit over firing; lawyer says he was let go because he is a man.LawSandra Rubin
Jones case work causes firm flap; Berger & Montague partner is reprimanded for his work against Clinton.Law 
Junk equity deals can harm stock; while a 'floorless convertible' offering can help a struggling company, the floating conversion feature is potentially ruinous.(Securities/M&A)LawRobert C. Friese, Jahan P. Raissi
Justices weigh a tax on judges; high court hears case over county levy that irks federal jurists.Law 
Law firms can help fill representation gap; Bickel & Brewer's 'storefront' assists those who may not qualify for legal aid services.(Pro Bono)(Texas)LawWilliam A. Brewer III
Law gives copyrights new life; the Copyright Term Extension Act halts the flow of protected works into the public domain.(Intellectual Property)LawE. Scott Johnson
Laws protect reservists' civilian jobs; the Kosovo conflict has raised significant issues for employers about military leaves of absence and re-employment rights.(Employment Law)LawRyan J. Cassidy, John A. DiNome
Lawyer of the year; David Boies humbled Microsoft, nailed a worldwide vitamin cartel and more.Law 
Lawyers and accountants must make it work.LawGeoffrey C. Hazard Jr.
Lawyers as fallen idols: whatever happened to our golden image?LawMichael Asimow
Litigation; a rule comes of age.LawRichard F. Ziegler
Litigation; attorney-client privilege.LawRichard F. Ziegler, Steven S. Sparling
Litigation; expert testimony.LawPaul S. Miller, Bert W. Rein
Litigation; Y2K class actions.LawJohn Beisner
'Little' FTC act claims are some big deal; plaintiffs increasingly are relying on these friendly state consumer protection laws in a widening variety of claims and lawsuits.(Health Care)LawDavid D. Federbush
Making sites accessible to the whole wide world; the latest area of ADA concern appears to be the Web, and creating user-friendly sites for the disabled isn't that hard.(Legal Tech)LawJonathan Quinn
Making the poverty objection; parties without fancy exhibits could claim unfair prejucide, but not all judges would agree.(Visual Evidence)LawVictor G. Savikas, David L. Silverman
Malpractice; assignment of claims.LawRegina E. Roman
Malpractice; settlement claims.LawDouglas A. Pettit
Market volatility will affect merger negotiations.(Securities/M&A)LawDavid E. Brown Jr., Frank M. Conner III
Mass tort cases are swamping courts; several factors complicate the substantive and procedural issues in mass tort litigation.LawMichael A. Pope
Maximizing collections and billing boosts profits; to increase profitability, firms must know their costs, have established billing rates and focus on revenues and profit margins.(Practice Management)LawTodd S. Lundy
'Miranda' now on the endangered species list.LawStephen J. Schulhofer
New ALTA form expands coverage; the new American Land Title Association homeowner's policy uses simplified language and offers enhanced protection.(Real Estate Law)LawBruce Castle, Steve Parsley
New encryption rules relax some restrictions; the regulations make it easier for exporters to avoid licenses but still require agency review.(Legal Tech)LawBehnam Dayanim
'New' IRS will affect international tax practice; concerns of practitioners may be underrepresented in the agency's restructuring plans.(International law)LawRobert T. Cole, L. Andrew Immerman
New law details ownership rights on the Internet; the yea-old Digital Millennium Copyright Act leaves little room for judicial interpretation.(Intellectual Property)LawJon A. Baumgarten, William M. Hart, Eric J. German
New OECD treaty fights corruption; signatory countries will make it a crime to bribe foreign officials, which may level the playing field for the United States.(Organization for Economic Cooperation and Development)(International Law)LawMartin J. Weinstein, Allison C. George
New state laws seek to slice commercial spam; California, Nevada, Washington have passed statutes to control and penalize unsolicited e-mail.(Legal Tech)Law 
Non-affirmative actions; for pragmatic reasons, black companies turn to white firms.LawArthur S. Hayes
OCC is prime proponent of banks' policy peddling; supporting insurance sales by banks, comptroller sees some success but several setbacks.(Banking Law)LawRonald R. Glancz, Juliana Schulte O'Reilly, John B. Beaty
Older workers' releases must be drafted carefully; the 'Oubre' decision nullifies OWBPA waivers that do not strictly comply with the law.(Older Workers Benefits Protection Act)(Employment Law)LawKevin B. Leblang, Robert N. Holtzman
Online pharmacies present a host of regulatory issues; particularly problematic are sites that prescribe as well as dispense drugs, and offshore sites that sell unapproved drugs.(Food & Drug Law)LawKeith M. Korenchuk
Panel debates new dietary supplement regulations; focus was on FDA's definition of 'disease,' 'natural states' and 'implied' disease claims.(Food and Drug Administration)(Food & Drug Law)LawAndrew H. Kim, Richard O. Wood, Erik F. Dyrkopp
Partner accused, career damaged; associate implicates Altheimer & Gray lawyer, but bar drops matter.(Illinois)Law 
Patent law; business methods.LawBradley C. Wright
Patent law; pending inventors act.LawTony D. Alexander
Patent law; protecting software.LawMark J. Abate
Patent pools, cross licenses draw antitrust scrutiny; DOJ, however, is demonstrating consistency in its approach and flexibility in two review letters.(Patents & Biotech)LawJohn E. Daniel
Patent protection provides long-term Net strategy; 'State Street' allows start-ups to protect business methods and defend marketing niches.(E-Commerce)LawGregory J. Maier, Bradley D. Lytle, Keth Ditthavong
'Pink Panther' strikes famous marks; Federal Court of Appeal makes Canada's concept of trademark confusion a bit more confusing.(Intellectual Property)LawMark Evans
Pinochet arrest is a step toward world justice.(Chilean ex-president Augusto Pinochet)LawJerry Fowler
Political justice: vive la similarite.LawMichael E. Tigar
Practicing 'the art of the deal' every day.(Bernard R. Diamond,k executive vice president and general counsel, The Trump Organization)LawJames Bourne
Pre-2000 Y2K class actions not getting far; class actions for Y2K claims have difficult hurdles to overcome. Courts and Congress must soon decide how to handle them.(Legal Tech)LawRichard L. Moss, Randy Lipsitz
Precautions can mitigate legal dangers of Web sites; privacy concerns, hyperlink liability and jurisdiction issues should all be contemplated.(Silicon Valley/Alley)LawDavid L. Mathus, Andrew M. Goldner
Privilege may not apply to foreign patent agents; U.S. law is not uniform on whether communications with IP practitioners are protected.(International Law)LawJ. Eric Elliff
Protecting art images; whether a museum or archive owns reproductions depends on the originality involved.(Intellectual Property)LawBarbara Hoffman
Protection of trademarks calls for proper procedure; domain name disputes need be approached with a thorough and well-thought-out plan.(Legal Tech)LawScott A. Zebrak
PRPs can avoid some pollution exclusion barriers; potentially responsible parties may show that substances do not meet 'pollutant' definition.(Corporate Counsel)LawDaniel J. Callahan, Kathleen Dunham
PSLRA has resulted in rise in derivative claims; but it's not easy for plaintiffs to recast investor class actions as shareholder derivative suits.(Private Securities Litigation Reform Act of 1995)LawDale Barnes, Mary Huser
Public cried 'no' to know-your-customer regulations; uproar over potential invasions of privacy forced anti-money-laundering proposals to be withdrawn, maybe only temporarily.(Banking Law)LawDavid F. Scranton
Pursuing domain name registrants can backfire; in domain name disputes, NSI tends to side with challengers, but federal courts can reverse.(Computer/Telecom)(Network Solutions Inc.)LawCarl Oppedahl
Rates aren't skyrocketing, but they do keep going up; many corporate clients are willing to pay the increasing hourly cost of top legal talent, especially in hot practice areas.(Billing)LawRuth Singleton
Retaliation lawsuits are increasing rapidly; in the wake of new EEOC guidelines and Supreme Court precedent, employers should hone anti-retaliation policies.(Employment Law)LawTeresa L. Butler, A. Michael Weber
RICO showing up in patent cases again; claims stem from patent prosecution; lawyers balk.LawJef Feeley
Rio case oks carnival of music copying; 9th Circuit held that the Rio is not a 'digital audio recording device' and thus does not violate the Audio Home Recording Act.(E-Commerce)LawMichael D. Stein, Richard D. Watkins
Ruling could widen auditor liability; Calif. appeals court says nonclients can file suit.LawArthur S. Hayes
Ruling creates a split in dilution jurisprudence; rather than waiting for the Supreme Court, owners may ask Congress for assistance.(Intellectual Property)LawAndrew L. Deutsch
'Samara' expands trade dress protection for clothes; the 2d Circuit found the overall design of several nondistinctive features inherently distinctive.(Intellectual Property)LawElizabeth Deen
SEC implements reform of microcap markets; the commission returns to an era of tighter regulation by adopting new rules and prosecuting 'pump and dump' cases.(Corporate Counsel)LawJames F. Verdonik
SEC seeks to update merger rules; the SEC proposes safe harbors to permit communications with stockholders about upcoming mergers or tender offers.(Securities/M&A)LawStephanie C. Evans, Meredith B. Cross, Roger J. Patterson
Securities; day trading.LawJohn C. Coffee Jr.
Securities; insider trading redux.LawDavid M. Levine, Stephen Cutler M.
SEC v. Paul Bilzerian, Year 10... and counting; at March 5 hearing, ex-corporate raider continues pro se fight over millions.Law 
Senators prefer politics to their role as jurors.LawJonathan Turley
Set-aside case divides Atlanta; whites' lawyer sees ''freedom train'; black mayor sees the KKK.LawJonathan Ringel
Shearman reinvents partner track.(Shearman and Sterling)Law 
Show me the soul, not the money.Law 
Start-up companies should devise IP strategies; a strong, broad IP portfolio can provide offensive and defensive advantages in the marketplace.(Intellectual Property)LawAndrew M. Riddles, Laurence J. Bromberg, Kathryn E. Diaz
State courts provide new forum for mass torts; plaintiffs find that aggregating their claims before state judges facilitates group cooperation.(Litigation)LawMichael Coren, Paul D. Rheingold, Sol Weiss
States map coverage; counsel and risk managers shopping for insurance should learn relevant state case law.(Corporate Counsel)LawJohn Morris, Jay Spievack
'State Street' sets stage for new patents, battles; the case likely played a role in newly issued patents, brewing litigation and new legislation.(Intellectual Property)LawScott M. Alter
Statisticians at DOJ may overstate case; government't use of statistical sampling to prove False Claims Act liability, damages may be unreliable, if not impermissible.(Health Care Law)LawKirby D. Behre, A. Jeff Ifrah
Statutory fee awards often are discretionary.(Litigation)LawCary L. Flitter
Sticks and carrots spur fuller Y2K disclosures.(The Y2K Problem)LawSteven O. Weise, Kit A. Pierson, John Wunderli
Surfing the books: summer reading; even if they aren't, July and August feel as if they should be for lazing and reading.Law 
Talk beyond the speech also matters; superior rainmakers know that what they say and do before and after giving a speech can also lead to client development.(Law Firm Marketing)LawThomas J. Lombardi
'Tasini' case may set back free-lancers, publishers; to avoid expense, publishers may remove existing works from online publications.(Intellectual Property)LawJeffrey P. Weingart, Jill Westmoreland
Tax advocate faces trial by fire; the first outsider to hold the IRS job carves out a niche.(Val Oveson)LawAndrea Foster
Technology export rules are elusive; complex regulations determine whether the overseas shipment of software requires licensing.LawClaire Wright, Michael A. Roybal
Tech start-ups must assess IP before pursuing cash; venture capitalist's success in early-stage investing depends on protection of vital IP assets.(Silicon Valley/Alley)LawGary M. Lawrence, Charles B. Lobsenz
The Net may be a new venue for annual meetings; state laws and most corporate bylaws need to be revised in order to count wired participants present for voting purposes.(Corporate Secretaries)LawLawrence T. Kane, Lawrence T. Danzis
The patent prairie gets fenced in; the court's trend seems to be toward limiting patent claims.(Intellectual Property)LawPatrick J. Flinn, Keith E. Broyles
The spat in the chat; corporations are not helpless against anonymous posting of harmful or inside information.(Legal Tech)Law 
The states' rights cases provoke fire; the cases do venture into new constitutional territory, but the issues are still developing.(Supreme Court Review)LawBernard James
The White House counsel takes center stage.Law 
Third-party linking is latest wave of Web disputes; the nature of the defendant's overall activities governs whether a link is actionable.(Intellectual Property)LawDavid M. Kelly, Christina J. Hieber
Though fame be narrow, FTDA protection holds; some courts will protect from dilution marks that are known only locally or industrywide.(Intellectual Property)LawMark Sableman, Christopher Bolinger
Time/billing systems just a browser away; web-based service providers give smaller firms access to sophisticated time-and-billing software they can't usually afford.(Legal Tech)LawMark Goldin
Tipping evidence scales.(Kevorkian verdict in death of ALS sufferer Thomas Youk)(Michigan)LawHarvey A. Silverglate
To compete globally, Japan amends trademark law; joining the Madrid Protocol has required an overhaul both substantively and procedurally.(International Law)LawHideyuki Fukuda, Christopher J. Palermo
Top lawyer is tuned in to law and politics.(Greg Ferenbach, senior vice president and general counsel, Public Broadcasting Service)Law 
Trade dress can coexist easily with design patent; courts stresss that the two are nonintersecting IP subsets and neither can outweigh the other.(Intellectual Property)LawDaniel A. Scola Jr., Kellyanne Merkel
Trademark law, Anticybersquatting Act.LawJeffrey K. Riffer
Trademark law; Trademark Dilution Act.LawSteven W. Ritcheson, Bryan Sinclair
Treaties bar misleading uses of geographic marks; but U.S. agencies such as the FDA and the USDA have not yet revised their policies to reflect the effects of NAFTA and TRIPs.(International Law)LawRoberta L. Horton, Nancy S. Lapidus
Two concepts of jurisdiction cleave courts; traditional notions of justice and fair play have been prevailing in Internet cases, but the revolutionaries are far from defeated.(E-Commerce)LawMark A. Willard
Uniform law for computer info transactions is offered.(E-Commerce)LawCarlyle C. Ring, H.Lane Kneedler, Gail D. Jaspen
Voluntary self-disclosure protocol poses a dilemma; OIG cites benefit as reducing costs of full audits, but it offers providers no assurances.(Health Care Law)(Office of Inspector General of the Department of Health and Human Servoces)LawSandy Teplitzky
Want to win complex IP trials? Simplify, simplify; communication management is the key to being persuasive and understandable in an IP trial.(Visual Evidence)LawEdward Bodaken, William Slusser
Was Monica's therapist waiver truly voluntary?LawM. Gregg Bloche
Watching the docket can be software's job; automated court-docket tracking ensures that deadlines are met and embarrassing default judgments and dismissals avoided.(Law & Technology)LawDavid I. Bookspan
Web-based technology is not just for insiders; knowledge bases developed for law firm intranets are readily adapted as valuable extranets.(Legal Tech)LawJohn Hokkanen, Kingsley Martin
Web context ups need for due diligence; counsel must be knowledgeable about IP issues, site infrastructure, advertising, traffic data, security and other matters.(Internet Law)LawLawrence M. Bell, Hilda B. Gilfillan
Web-savvy lawyers are taking care of business; Internet research is not just for litigators; transactional attorneys can exploit many online resources to bolster their practices.(Legal Research)LawBrett Lockwood
Web sites must heed privacy rule for children; operators have to give parents notice and obtain consent to collect personal data.(Internet Law)Law 
Web site use sparks Bekins settlement; moving company caves after learning of angry customer Internet page.LawTim O'Brien
When marks offend... from the Redskins on back, decisions not to register marks morror the mores of the times.(Intellectual Property)LawKeri Christ
Why women like this Pa. firm.(Ballard Spahr Andrews and Ingersoll)(Pennsylvania)Law 
Wine 'em, dine 'em - and sign 'em; looking for the spot for a critical meal? An expert gives tips.(Interview)LawPatrick Oster
Word limits bring out Word's limits; Microsoft Word may cause lawyers to turn in briefs longer than allkowed; perhaps both the rule and software should be revised.(Legal Tech)LawTimothy R. DeWitt, Christopher Winters
Workplace surveillance poses legal, ethical issues; employers should set clear policies for monitoring e-mail, computer files and phone calls.(Employment Law)Law 
WTO liberalizes telecom economy; sectoral privatization and increased competition may lead to greater worldwide access.(International law)(World Trade Organization)LawBruce J. Janigian
Y2K problem helps law firms rethink practice areas.(Legal Tech)LawMartin Gold, Donna J. Childress
You don't impeach a chief executive officer...LawJonathan Turley
You needn't be a specialist to help refugees; groups train non-immigration lawyers to help Kosovo Albanians wins asylum here.(Pro Bono)LawMelissa DePetris
Younger workers may be a new 'protected class;' a New Jersey decision permitting workers under 40 to bring age discrimination claims may affect employers nationwide.(Employment Law)LawGary D. Friedman, Susan E. Provenzano
'Zurko' raises issue of patentability standards; high court to rule on whether agency deference should apply to PTO patentability decisions.(Intellectual Property)(Patent and Trademark Office)LawThomas G. Field Jr.
This website is not affiliated with document authors or copyright owners. This page is provided for informational purposes only. Unintentional errors are possible.