The National Law Journal 1999 |
Title | Subject | Authors |
9th Circuit upholds conviction; managers overseeing operations that cause environmental harm may be held criminally liable under the Clean Water Act.(Environmental Law) | Law | Mark 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) | Law | Ruth Singleton |
'A Certain Justice' portrays British lawyers warts and all. | Law | Fenton 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) | Law | Andrew M. Reidy, Robert L. Carter Jr. |
'A Civil Action' holds up a mirror to David vs. Goliath litigation. | Law | Michael Asimow |
ADA rulings look good to businesses; the court favored employers' definition of 'disability,' but business rulings were mixed.(Supreme Court Review) | Law | Donald 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) | Law | M. 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) | Law | Jim Feuerstein |
Advertising law; the 'puffery' defense. | Law | Jeffrey 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) | Law | David 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) | Law | Paul J. Lambert |
All shook up at Shook Hardy; associates gripe at expanding Midwest tobacco defense firm.(Missouri) | Law | Michael 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) | Law | Steven Z. Szczepanski, Floyd R. Nation |
Antitrust; 'California Dental.' | Law | Charles 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) | Law | Erik F. Dyhrkopp, Andrew H. Kim |
Antitrust; joint collaboration guidelines. | Law | Harvey Applebaum, Michael Fanelli |
Are dietary supplements a food, drug or drag? | Law | Eric 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) | Law | David 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) | Law | Curt 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) | Law | Eric Adler |
Audit committees need to serve as 'watchdogs;' a stock exchange panel issues a call for better financial reporting by businesses.(Corporate Secretaries) | Law | Michael 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) | Law | Thomas M. Leahey |
Banking; after Glass-Steagall. | Law | John M. Pachkowski |
Banking law; financial privacy. | Law | Thomas B. Smith |
Bankruptcy companies. | Law | Jonathan Lipson |
Bankruptcy law; HMOs as debtors. | Law | Samuel R. Maizel |
Bankruptcy; new-value exception. | Law | Howard 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) | Law | Ann 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) | Law | Duncan Hall |
Big shoulders; the state's top 10 litigators include heavy hitters for both plaintiffs and defendants.(The NLJ Visits) | Law | Cathy 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) | Law | Henry 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) | Law | Jose 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) | Law | Andrew 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) | Law | Stephen M. Goodman |
Captives represent attractive alternatives; with the softening of regulatory standards, these flexible forms have spread to smaller firms.(Corporate Counsel) | Law | David 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) | Law | Howard Chao, Stella Leung |
Citadel foe feels ripple effects; attorney who beat S.C. institution finds career in shambles.(Robert R. Black) | Law | Wade 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) | Law | Bruce 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) | Law | Michael 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) | Law | Samuel 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) | Law | Edward 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) | Law | Andrew 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) | Law | Louis 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) | Law | Fiona 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) | Law | Stephen P. Milner |
Complex litigation; medical monitoring. | Law | Linda Mullenix |
Complex litigation; the art of interviewing. | Law | Linda Mullenix |
Compliance programs curb risk of insider trading.(Corporate Secretaries) | Law | John 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) | Law | David 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) | Law | Mark F. Radcliffe |
Consumer suits target prescription drug benefits; advocacy groups are seeking rights, information, recourse under state and federal laws.(Corporate Counsel) | Law | Wendy 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) | Law | Wendy 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. | Law | David B. Alden |
Corporate law; electronic proxies. | Law | Stephen 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) | Law | Bruce 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) | Law | Alan 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) | Law | Damon 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) | Law | Howard 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) | Law | Joseph R. Dreitler |
Courts hold government liable for cleanup costs; potentially responsible parties may pursue Superfund liability claims against U.S. entities.(Environmental Law) | Law | R. Timothy McCrum |
Court spurns extension of privilege; in audit, third-party talks not protected from IRS. | Law | Deborah Pines |
Courts split over encryption as protected speech; 9th Circuit's ruling that First Amendment protects source code clashes with other courts.(Software Rights) | Law | Thomas 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) | Law | Darrell 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) | Law | Grant 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) | Law | James 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) | Law | Charlotte 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) | Law | Ira Mickenberg |
Criminal law; effective assistance. | Law | Laurie S. Levenson |
Criminal law; penalties for lying. | Law | Laurie S. Levenson |
Criminal law; proffer pitfalls. | Law | Laurie S. Levenson |
'Daubert' has made lawyers act professionally. | Law | James 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) | Law | Julie 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) | Law | David 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) | Law | Harris 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. | Law | Bill Rankin |
Direct ads may create liability dangers; consumer advertising by drug manufacturers has reopened the issue of expanded liability.(Corporate Counsel) | Law | Jay B. Spievack |
Directory of law firm pro bono programs.(Pro Bono) | Law | |
Discovery; amending the rules. | Law | Robert L. Byman, Jerold L. Solovy |
Discovery; does it pay to pay witnesses? | Law | Jerold S. Solovy, . Robert L. Byman |
Discovery; the utility of RFAs.(requests for admission) | Law | Robert 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) | Law | Mark 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) | Law | Don F. Livornese |
'Do it on the cheap' justice must go. | Law | Vivian 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) | Law | Ken 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) | Law | Peter 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) | Law | Randy 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) | Law | David 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) | Law | Robert A. Hickey |
Economic uncertainty spurs new debt deals; flagging conditions in emerging markets complicate new and existing project financing.(International law) | Law | Robert S. Rendell |
E-litigation; clicks and contracts. | Law | Kurt A. Wimmer |
E-litigation; the digital dilemma. | Law | Kurt A. Wimmer |
Employment; a 'BFOQ' defense. | Law | Gloria Allred, Dolores Y. Leal |
Employment law; age discrimination. | Law | Allan H. Weitzman, Justin M. Senior |
Employment law; 'disability' honed. | Law | Dana S. Connell |
Employment law; 'employee' defined. | Law | Rodney H. Glover |
Employment law; same-sex harassment. | Law | Allan H. Weitzman, Justin M. Senior |
Employment law; the inquiry issue. | Law | Gloria 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) | Law | Allen 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) | Law | Paul E. Gutermann, Laura M. Reifschneider |
Environmental; 'new source' scrutiny. | Law | Jonathan 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) | Law | John C. Cooke, Christine Carlisle Odom |
Ethics crossfire: two legal titans face off. | Law | Geoffrey 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) | Law | Kevin J. Dunleavy, Milan M. Vinnola |
E.U. competition law; essential facilities doctrine.(European Union) | Law | Darrell Prescott, Katarzyna A. Buchen |
Evidence; McVeigh and fairness. | Law | Daniel J. Capra |
Expansion of trademark law yields trickier search; development of unusual marks, dilution law and the Internet complicate clearance process.(Intellectual Property) | Law | Glenn A. Gundersen |
Expect XML to change the practice - markedly. Step aside, HTML. Extensible markup language is tagged to revolutionize legal applications.(Legal Tech) | Law | Marc 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) | Law | Owen D. Kurtin, Beth S. Noveck |
FDA is aggressively enforcing GMP compliance; the agency has heightened the sanctions for deviations from good manufacturing practices. | Law | Raymond Bonner, I. Scott Bass |
Federal Circuit rulings damage patent law. | Law | Allan 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) | Law | Steven B. Rosenfeld |
Federal evidence; looking at vital rules. | Law | Daniel 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) | Law | Francis 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) | Law | W. Cameron Beard |
Franchise law; dealer terminations. | Law | Ethan M. Posner, Lisa J. Stevenson |
Franchise law; disclosure proposals. | Law | David J. Kaufmann |
FTC clarifies Hart-Scott-Rodino filings for LLCs; because the rules still favor partnerships, merging parties should plan deals carefully.(Corporate Counsel) | Law | Robert 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) | Law | Gordon G. Chang |
Global arbitration; WIPO emergency relief rules.(World Intellectual Property Organization) | Law | Allen 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) | Law | Jennifer 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) | Law | Jean-Pierre Swennen, John E. McCrthy Jr. |
Grace faces SEC over financials; defense lawyers say suit breaks new legal ground. | Law | Ellen 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) | Law | Kristine W. Samuels, Sandra Leung |
Health law; 'gain-sharing' under fire. | Law | Sanford 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) | Law | Paul 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) | Law | Francis A. Citera, Ann M. Ungvarsky |
High-tech courts will ease crunch in 21st century; because filings could quadruple, speed is a must. | Law | Elizabeth 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) | Law | Peter 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) | Law | Edward N. Costikyan |
Immigration law; H-1B visas for 'specialty' workers. | Law | Dan 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) | Law | Peter 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) | Law | Laura 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) | Law | Kevin 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) | Law | Thomas 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) | Law | Beth 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) | Law | Joseph 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) | Law | Timothy 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) | Law | Randolph 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) | Law | Charles 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) | Law | Galina 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) | Law | Michael 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) | Law | Robert 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) | Law | Terrence 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) | Law | Victor H. Polk Jr. |
Is 'team raiding' misappropriation? Wal-Mart claims Amazon.com obtained its trade secrets by hiring skilled retail employees.(Intellectual Property) | Law | Mike 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) | Law | Janine Landow-Esser, Michael S. Mostow |
iVillage faces federal suit over firing; lawyer says he was let go because he is a man. | Law | Sandra 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) | Law | Robert 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) | Law | William 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) | Law | E. 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) | Law | Ryan 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. | Law | Geoffrey C. Hazard Jr. |
Lawyers as fallen idols: whatever happened to our golden image? | Law | Michael Asimow |
Litigation; a rule comes of age. | Law | Richard F. Ziegler |
Litigation; attorney-client privilege. | Law | Richard F. Ziegler, Steven S. Sparling |
Litigation; expert testimony. | Law | Paul S. Miller, Bert W. Rein |
Litigation; Y2K class actions. | Law | John 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) | Law | David 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) | Law | Jonathan Quinn |
Making the poverty objection; parties without fancy exhibits could claim unfair prejucide, but not all judges would agree.(Visual Evidence) | Law | Victor G. Savikas, David L. Silverman |
Malpractice; assignment of claims. | Law | Regina E. Roman |
Malpractice; settlement claims. | Law | Douglas A. Pettit |
Market volatility will affect merger negotiations.(Securities/M&A) | Law | David 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. | Law | Michael 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) | Law | Todd S. Lundy |
'Miranda' now on the endangered species list. | Law | Stephen 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) | Law | Bruce 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) | Law | Behnam Dayanim |
'New' IRS will affect international tax practice; concerns of practitioners may be underrepresented in the agency's restructuring plans.(International law) | Law | Robert 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) | Law | Jon 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) | Law | Martin 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. | Law | Arthur S. Hayes |
OCC is prime proponent of banks' policy peddling; supporting insurance sales by banks, comptroller sees some success but several setbacks.(Banking Law) | Law | Ronald 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) | Law | Kevin 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) | Law | Keith 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) | Law | Andrew 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. | Law | Bradley C. Wright |
Patent law; pending inventors act. | Law | Tony D. Alexander |
Patent law; protecting software. | Law | Mark 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) | Law | John E. Daniel |
Patent protection provides long-term Net strategy; 'State Street' allows start-ups to protect business methods and defend marketing niches.(E-Commerce) | Law | Gregory 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) | Law | Mark Evans |
Pinochet arrest is a step toward world justice.(Chilean ex-president Augusto Pinochet) | Law | Jerry Fowler |
Political justice: vive la similarite. | Law | Michael E. Tigar |
Practicing 'the art of the deal' every day.(Bernard R. Diamond,k executive vice president and general counsel, The Trump Organization) | Law | James 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) | Law | Richard 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) | Law | David 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) | Law | J. Eric Elliff |
Protecting art images; whether a museum or archive owns reproductions depends on the originality involved.(Intellectual Property) | Law | Barbara Hoffman |
Protection of trademarks calls for proper procedure; domain name disputes need be approached with a thorough and well-thought-out plan.(Legal Tech) | Law | Scott A. Zebrak |
PRPs can avoid some pollution exclusion barriers; potentially responsible parties may show that substances do not meet 'pollutant' definition.(Corporate Counsel) | Law | Daniel 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) | Law | Dale 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) | Law | David 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.) | Law | Carl 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) | Law | Ruth 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) | Law | Teresa L. Butler, A. Michael Weber |
RICO showing up in patent cases again; claims stem from patent prosecution; lawyers balk. | Law | Jef 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) | Law | Michael D. Stein, Richard D. Watkins |
Ruling could widen auditor liability; Calif. appeals court says nonclients can file suit. | Law | Arthur S. Hayes |
Ruling creates a split in dilution jurisprudence; rather than waiting for the Supreme Court, owners may ask Congress for assistance.(Intellectual Property) | Law | Andrew L. Deutsch |
'Samara' expands trade dress protection for clothes; the 2d Circuit found the overall design of several nondistinctive features inherently distinctive.(Intellectual Property) | Law | Elizabeth 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) | Law | James 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) | Law | Stephanie C. Evans, Meredith B. Cross, Roger J. Patterson |
Securities; day trading. | Law | John C. Coffee Jr. |
Securities; insider trading redux. | Law | David 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. | Law | Jonathan Turley |
Set-aside case divides Atlanta; whites' lawyer sees ''freedom train'; black mayor sees the KKK. | Law | Jonathan 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) | Law | Andrew 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) | Law | Michael Coren, Paul D. Rheingold, Sol Weiss |
States map coverage; counsel and risk managers shopping for insurance should learn relevant state case law.(Corporate Counsel) | Law | John 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) | Law | Scott 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) | Law | Kirby D. Behre, A. Jeff Ifrah |
Statutory fee awards often are discretionary.(Litigation) | Law | Cary L. Flitter |
Sticks and carrots spur fuller Y2K disclosures.(The Y2K Problem) | Law | Steven 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) | Law | Thomas J. Lombardi |
'Tasini' case may set back free-lancers, publishers; to avoid expense, publishers may remove existing works from online publications.(Intellectual Property) | Law | Jeffrey P. Weingart, Jill Westmoreland |
Tax advocate faces trial by fire; the first outsider to hold the IRS job carves out a niche.(Val Oveson) | Law | Andrea Foster |
Technology export rules are elusive; complex regulations determine whether the overseas shipment of software requires licensing. | Law | Claire 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) | Law | Gary 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) | Law | Lawrence T. Kane, Lawrence T. Danzis |
The patent prairie gets fenced in; the court's trend seems to be toward limiting patent claims.(Intellectual Property) | Law | Patrick 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) | Law | Bernard 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) | Law | David 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) | Law | Mark 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) | Law | Mark Goldin |
Tipping evidence scales.(Kevorkian verdict in death of ALS sufferer Thomas Youk)(Michigan) | Law | Harvey A. Silverglate |
To compete globally, Japan amends trademark law; joining the Madrid Protocol has required an overhaul both substantively and procedurally.(International Law) | Law | Hideyuki 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) | Law | Daniel A. Scola Jr., Kellyanne Merkel |
Trademark law, Anticybersquatting Act. | Law | Jeffrey K. Riffer |
Trademark law; Trademark Dilution Act. | Law | Steven 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) | Law | Roberta 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) | Law | Mark A. Willard |
Uniform law for computer info transactions is offered.(E-Commerce) | Law | Carlyle 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) | Law | Sandy 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) | Law | Edward Bodaken, William Slusser |
Was Monica's therapist waiver truly voluntary? | Law | M. 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) | Law | David 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) | Law | John 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) | Law | Lawrence 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) | Law | Brett 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. | Law | Tim O'Brien |
When marks offend... from the Redskins on back, decisions not to register marks morror the mores of the times.(Intellectual Property) | Law | Keri 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) | Law | Patrick 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) | Law | Timothy 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) | Law | Bruce J. Janigian |
Y2K problem helps law firms rethink practice areas.(Legal Tech) | Law | Martin Gold, Donna J. Childress |
You don't impeach a chief executive officer... | Law | Jonathan Turley |
You needn't be a specialist to help refugees; groups train non-immigration lawyers to help Kosovo Albanians wins asylum here.(Pro Bono) | Law | Melissa 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) | Law | Gary 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) | Law | Thomas G. Field Jr. |
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