The National Law Journal 2000 - Abstracts

The National Law Journal 2000
TitleSubjectAuthors
$145 billion to send a message; lawyers say effects of tobacco verdict may be felt by others.LawBob Van Voriks
14th Amendment is real issue in federalism cases.(U.S. v. Morrison)(1999-2000 Term Analysis)LawWalter Dellinger, Jonathan Hacker
21st-century technology meets 20th-century laws; tension between old divisions of federal and state jurisdiction impedes growth of Web Rx biz.(Computer Law)LawKeith Korenchuk
3d Circuit eases obstacles to reverse bias lawsuits; the court invalidated an affirmative action plan in one decision and lowered the standard for a prima facie case in another.(Employment Law)LawM. Elaine Jacoby
ACCA puts focus on changes in profession; association has championed multijurisdictional practice and multidisciplinary practice.(American Corporate Counsel Association)(Corporate Counsel)LawFrederick J. Krebs
Accountants' role includes more than just figures; financial experts can help counsel develop a claim and resolve evidentiary problems.(Litigation)LawMichael Mulligan
Acts seek uniform e-policies; E-sign pre-empts state laws if inconsistent with UETA; UETA provisions supersede E-sign.(Legal Tech)LawNorman H. Roos, William E. Bandon III
Advising on the law is genetic with him.(E. Lee Bendekgey, general counsel, Incyte Genomics Inc.)LawKaren Hall
A great balance; some firms have figured out how to make profits and have a life outside the office.LawJanet L. Conley
AIDS drugs raise issue of recoupment for R&D; drug companies sued to stop South Africa's proposed measures to avoid high costs.(Biotech)LawKate H. Murashige
ALA reaches out to associates as well as managers; organization uses the Internet and conferences to shape law firm life from all perspectives.(Legal Administrators)LawM. Lynn Spruill
Allstate faces new liability; judge finds anti-lawyer claims policy constitutes the unauthorized practice of law.(Jones v. Allstate Insurance Co.)(Washington)LawMark Ballard
Alternatives to M & A let companies grow faster; licenses, distribution deals and joint ventures offer tech firms quick access to others' assets.(Corporate Counsel)LawJacqueline A. Daunt, Davud W. Healy
A new look at trade shows, pre-sales promotions; such activity may be enough for a court to determine a protectable interest in a mark.(Intellectual Property)LawKenneth A. Adler, Monica B. Richman
An Hispanic justice at last? Partisans see success near, no matter who's in the White House.LawTony Mauro
Antitrust; electronic media.LawJanet McDavid, Corey Roush
Antitrust law; B2B Internet marketplaces.LawJeffrey P. Weingart, Jennifer L. Gray
Antitrust law; globalization and the E.U.LawJanet McDavid, Catriona Hatton
Antitrust law; IP owners' refusals to deal.LawJoseph P. Lavelle, Marc G. Schildkraut
Antitrust law; what's the FTC up to?LawJanet McDavid, Corey Roush
Appearance codes often pass muster; but standards that relate to immutable characteristics, disabilities and religious beliefs may violate federal or local laws.(Employment Law)LawJennifer N. Lehman
A product too close to home; courts divided over whether commercial general liability insurance covers buildings as products of developers, contractors.(Insurance)LawAlan C. Eagle
Arbitration injunctions rise abroad; when courts in developing nations enjoin hearings to protect local companies, going forward can put resulting rewards at risk.(International Law)LawDoak Bishop
Are noncompete clauses kaput? In an emerging trend, states may follow California's policy favoring open competition.(Corporate Counsel)LawRobert C. Welsh, Larry C. Drapkin, Samantha C. Grant
Asians increase at big firms; but overall minority numbers are flat in NLJ 250 survey.LawArthur S. Hayes
Associate committees give a voice to new lawyers; firms can reap rewards by improving communication with those practicing on front lines.(Legal Administrators)LawLisa Calvo Haas
Associates belly up to the bar (associations, that is); firms that promote a culture of such outside participation reap valuable long-term benefits.(Careers)LawLynn Howell
At long last hip: lawyers go tech savvy; counsel are under increasing pressure to meet the technological demands of clients who are wedded to the Web, and more.(Legal Tech)LawPaul F. Mickey Jr.
Attorneys face novel issues across national borders; telecommunications, foreign mergers create more disputes raising worldwide litigations.(Litigation)LawASdolfo E. Jimenez, Daniel Mena
Avoiding bite of ASP relationships gone bad; application service providers do wonders, but users must carefully construct service agreements to address potential trouble.(Legal Tech)LawTom Knox, Chuck Lobsenz, Rebecca Schwayder
B2B commerce; minimizing liability.LawAnita Smith
Baby for sale; Mich. man tried to sell his daughter,.LawM.L. Elrick
Banking law; privacy matters.LawTed Dreyer
Bankruptcy law; a debtor's press release.LawCraig M. Rankin, David B. Golubchik
Bankruptcy law; Internet customer databases.LawJane Kaufman Winn, James R. Wrathall
Bankruptcy law; unwinding settlements.LawCraig M. Rankin, David B. Golubchik
Before merging, check for FDA-related problems; counsel mujst ensure firm or product involved in the deal has complied with all requirements.(Pharmaceuticals)LawMichael A. Swit
Before they occur, get the kinks out of IT system; counsel can reduce the risks of information technology by conducting due diligence.(Legal Tech)LawGary L. Kaplan
Bill to alter business bankruptcy under fire; critics say that the legislation will hurt small companies.LawEllen L. Rosen
Biomedical research; human subjects protection.LawRobert P. Charrow, J. Catherine Bramlage
Biz law is future of pro bono growth; public interest law is no longer the sole province of litigators, with nonprofits seeking corporate lawyers as volunteers.(Pro Bono)LawSean Delany
Blocks on 'hate-filled' Web content are challenged; lawmakers consider legally required filters on computers provided with public funds.(Telecom/Computer)LawChristopher Wolf
British-U.S. mergers face culture clash; predicted trans-Atlantic pairings aren't happening.LawWendy Davis
'Buid to suit' is tenants' latest craze; new trend requires lawyers to juggle deals on multiple tracks, including land option, financing.(Rela Estate)LawTimi Anyon Hallem
Buyer beware: a cross-license may still be lurking; the 'Intergraph' case is a warning for companies to keep track of IP rikghts conveyed.(Intellectual Property)LawThomas J. Scott Jr., Kevin T. Duncan
Call centers give rise to high-tech leasing terms; speed and volume are the key tenant concerns, leading to varied construction issues.(Real Estate)LawBruce Castle
Can local and federal regulatory structures coexist? New York's telecom regime is an example of the tension between the TCA and city rules.(Telecommunications Act of 1996)(Telecom/Computer)LawRobert M. Brill, David Jacoby
Captive firms of insurers get stung in court; ethics breaches, unlicensed practice found in two states.(Montana)LawGail Diane Cox
Case adds more uncertainty to Web copyright laws; Utah court finds contributory infringement for encouraging use of links to infringing sites.(Intellectual Property)LawStephen Lesavich
Cases suggest iMacs' trade dress merits protection; the recognizable shape, colors and translucency will likely be found inherently distinctive.(Intellectual Property)LawRonald B. Cooley, Matthew O. Brady, Mark V. Campagna
Case suggests copyright can protect numbers; 9th Circuit ruled that wholesale coin prices created by plaintiff were protectable compilations.(CDN, Inc. v. Kapes)(Intellectual Property)LawRod S. Berman, Steven Plotkin
Castles in the sky for architects who don't register; filing an application for plans is a key step in protecting rights and barring derivative designs.(Intellectual Property)LawJohn C. Cain
China's IP law revisited to prepare for WTO entry; country's trademark law must be amended to meet the standards outlined in TRIPS.(Intellectual Property)LawDavid Weild III, Hailing Zhang
Circuits struggle with dilution law's lack of clarity; inherent ambiguity in the 1996 Federal Trademark Dilution Act results in conflicting decisions.(Intellectual Property)LawStephen W. Feingold, Carole E. Klinger, Erica D. Klein
Claims of retaliation continue to increase; even employees whose primary claims are dismissed can sometimes proceed on secondary ones based on adverse actions.(Corporate Counsel)LawSteven D. Baderian, Jonathan M. Kozak
Clicking 'yes' for merger raises dicey Web issues; a host of new Internet privacy issues faces companies when acquiring an e-commerce firm.(M&A)LawSteven Peden
Clinical trials may bar drug's patent protection; courts rely on a variety of policy factors to determine if such testing is 'public use.'(Pharmaceuticals)LawRobert Schaffer, Joseph R. Robinson, Patricia J. Clarke
Co-branding: all the rage in cyberspace; placing a business logo on someone else's Web site can become a win-win situation, if done with caution.(E-commerce)LawCatherine M. Kilbane
Commercial law; disputes under Art. 9.LawNeil B. Cohen, Gerald T. McLaughlin
Community reinvestment threatened; well-established anti-redlining rules for banking could be weakened by legislation enacted by Congress in 1999.(Banking)LawMark A. Malaspina
Complex litigation; punitive damages class II.(response to Linda S. Mullenix in National Law Journal, vol. 22, Jan. 24)LawThomas M. Sobol, Elizabeth J. Cabraser
Computers spark surge in use of trade secrets; at the same time, technology, particularly the Internet, offers a means of destroying secrets.(Intellectual Property)LawR. Mark Halligan
Continuing legal education.Law 
Continuing legal education.Law 
Continuing legal education.Law 
Continuing legal education.Law 
Copyright law; fair use and the Internet.LawMonica B. Richman, Jeffrey P. Weingart
Copyright law; fair use online.LawJohn E. Graf
Copyright law; joint authorship.LawJames W. Morando, Stephanie P. Skaff
Copyright law; protection for photographs.LawDavid Goldberg, Robert J. Bernstein
Copyright law; visual artists' rights.LawJohn E. Daniel
Copyright law; Web site metabrowsers.LawJeffrey D. Neuburger, Stephania R. Geraci
Corporate crime; attorney-client privilege.LawSteven M. Cohen, Joanna L. Bergmann
Corporate crisis; the attorney's role.LawDavid M. Bernick
Corporate pro bono gets boost; in-house counsel group uses Web in outreach to members.Law.Elizabeth Amon
Country domain names are latest rage on the Net; never heard of Cocos Keeling Islands? One company actively promotes its top-level domain.(Computer Law)LawHeidi Howard Tandy
Court offers mixed view of equivalents doctrine; divide in Federal Circuit seems to ignore the court's original purpose: uniform patent laws.(Intellectual Property)LawPaul E. Schaafsma
Court reconsiders reverse engineering and fair use; 9th Circuit looks at final works, not at intermediates as it did in 1992, but the result is the same.(Intellectual Property)LawMorgan Malino
Courts begin to rule against acts of circumvention; two recent cases find violation of Sec. 1201 of DMCA without actual infringement of works.(Digital Millennium Copyright Act)(Intellectual Property)LawChristopher R. Ottenweller, I. Neel Chatterjee
Courts say 'no go' to latent defect claims; most state and federal courts continue to invoke threshold requirement of actual injury.(Corporate Counsel)LawKaren N. Walker, Lee A. Schutzman
Courts start to rule on online harassment; cases weigh employer liability for employees' use of e-mail, chat rooms and porn sites.(Legal Tech New York)LawChristine A. Amalfe, Kerrie R. Heslin
Crime stats housed in virtual library; sites run by federal and state justice agencies offer easy access to legal pleadings, practice guides and studies.(Legal Tech)LawRobert J. Ambrogi
Cyberpirates, beware; recent anti-cybersquatting law provides new deterrence tools but does not solve all problems.(Intellectual Property)LawMichael D. Bednarek, John I. Stewart Jr.
Database systems evolve in a biotechnology arena; bioinformatics has sparked new methods to store info and innovative ways to protect it.(Biotech)LawColin G. Sandercock, Qin Shi
Debugged in '99 isn't litigation-proofed in '00; the initial scare is over, but it's still prudent to maintain a Y2K litigation prevention program.(Intellectual Property)LawG. Marc Whitehead
Delaware District is top choice for patent disputes; Wilmington-based court is known for innovation in trying biotech, other complex cases.(Biotech)LawWilliam J. Marsden Jr.
Design patent + trademark = better protection? The e-commerce revolution has sparked an interest in combining both forms of IP.(Intellectual Property)LawRobert S. Katz, Helen Hill Minsker
Determining rights through declaratory judgments; courts will adjudicate patent claims only if there is an actual controversy between parties.(Intellectual Property)LawElizabeth Stotland Weiswasser, Beth A. Oliak
Diverging decisions on discovery; 2d Circuit and 9th Circuit split over whether nonparty government agencies can resist compliance with such requests.(Litigation)LawKim Koopersmith, Samidh Guha
DMCA safe harbor provisions.(Digital Millennium Copyright Act)LawBruce G. Joseph, Scott E. Bain
Does FTC note merger efficiencies? Its dismissal of BP/ARCO's synergies and cost savings argument may mark a retreat from the position it took in 1997 guidelines.(Corporate Counsel)LawDavid C. Lundsgaard
Doing business the 'e-commerce' way; under new regs, government is required to use the Internet to buy goods when practicable.(E-commerce)LawDel Stiltner Dameron, Thomas F. Burke
DOJ guidelines offer strategy clues; 'Federal Prosecution of Corporations' can assist defense counsel in understanding factors agency weighs in deciding to indict.(Corporate Counsel)LawCarl H. Loewenson Jr.
Do LLCs really limit liability? On the whole, yes; cases to date indicate that the courts have upheld protections envisioned by legislatures.(Corporate Counsel)LawJay R. McDaniel, Vanessa R. Elliott
Domain-name registrants have new rules to follow; uniform domain name dispute resolution policy provides for new procedures and remedies.(Intellectual Property)LawKenneth A. Adler, Robert D. Gilbert, Susan L. Crane
Domain names; property status.LawJohn E. Daniel
Dot-com firms redefine leasing needs in cyber age; traditional requirements of location above all else give way to 24/7 access as Internet start-ups settle into bricks and mortar.(Real Estate)LawMichael G. Smooke
Drawing a fine ethical line: is it creative or cunning? Counsel who use demonstratives must zealously advocate their clients' interests but stay within the boundaries of the truth.(Visual Evidence)LawBryan G. Harston
E-commerce; transferable records.LawJane Kaufman Winn
Electronic Signatures Act.LawScott Winkelman, Dylana Blum
Eliot Ness, please come back - but pack a laptop; cyber-wonks committing crimes force law enforcement to re-examine search-and-seizure tactics to keep ahead of bad guys.(Computer Law)LawJim Belanger
E-mail: the smoking gun of the future; as paper-based data go by the wayside, counsel must be prepared to collect, produce and review electronic evidence.(Litigation)LawPatricia Nieuwenhuizen
Employees may own key patents; use of employment agreements is the only way companies can control workers' inventions.(Intellectual Property)LawBradley C. Wright
Employment law; partners seeking protection.LawGloria Allred, John S. West
Employment law; the ADA and health insurance.(Americans with Disabilities Act)LawJay W. Waks
Employment law: workplace violence.LawLouis A. Karasik, Nicole Rivas
Endless summer casual in NY, DC; everyday casual dress passes tipping point; some see a backlash.Law.Michael D. Goldhaber
E.U., U.S. favor flora inventions; tribunals on both sides of the Atlantic uphold patents with claims directed to plants.(Biotech)LawNigel Jones, David R. Marsh
Evolution of governance: key events; legislation enabling pension funds to invest and contests over corporate control have led to active shareholder influences.(Corporate Secretaries)LawTerence J. Gallagher
Evolution of legal Web sites: approaches to domain names, contents, marketing and protection have changed fast.(Best Web Sites)LawWendy R. Leibowitz
Expect big change in drug pricing system; as medication grows in importance, settlements of DOJ fraud and abuse probes could provide a new structure.(Pharmaceuticals)LawKathleen M. Sanzo, Stephen Paul Mahinka
Expert witness; beyond 'one size.'LawEdward J. Imwinkelried
Expert witness; libel experts.LawTom Leatherbury
Expert witness; Rule 702's reach.LawEdward J. Imwinkelried
Fabrication of evidence: a click away; the cost of technology that can manipulate audiotapes, photos and videos is falling faster than many litigators appreciate.(Litigation)LawGeorge Paul
Fair-use defense applies in aftermarket situations; use of another's trademark is allowed when done in good faith to describe another's goods.(Intellectual Property)LawVictoria E. Brieant, William N. Hebert
False Claims Act ... and the compliance officer.LawJohn T. Boese, Beth C. McClain
False Claims Act; high court's 'Vermont' decision.LawJohn T. Boese, Beth C. McClain
Farewell to books of yore; virtual law libraries and pocket-size CD-ROMS quickly replace hardcover collections.(Legal Research)LawRitchenya Shepherd
FBI files show Powell was a pal of Hoover's; freindship begain before his stint as justice and may have eased his appointment.(late Justice Lewis Powell Jr.)LawTony Mauro
Federal Dilution act at 5: a qualified success story; owners of famous marks have found relief, although circuits split over issue of actual harm.(Intellectual Property)LawThomas C. Morrison
Feds can 'use' software, but can't 'have' it; for IP protection, computer companies should use exemptions and provisions built into the Federal Acquisition regulations.(Government Contract)LawSam Sexton III
Fighting ghosts of corrupt Teamsters.(Patrick J. Szymanski, International Brotherhood of Teamsters)LawPatrick S. Bourne
File in haste, repent at leisure in Federal Circuit; bringing a premature claim for patent infringement may garner Rule 11 sanctions for counsel.(Intellectual Property)LawIndira Saladi, Tracy Parker
Filmmakers seeking Internet distribution, beware; putting a motion picture on the Web runs risk of giving up important rights in the film.(Intellectual Property)LawKonrad L. Trope
Financial community fixes on online data privacy; as e-commerce becomes more global, U.S. privacy legislation should follow Europe's lead.(New Silicon Valleys)LawOwen D. Kurtin, Beth Simone Noveck
Financial crime; disclosure requirements.LawAlan Cohen, Julie Copeland, Scott Schrader
Focus on information literacy; law schools face challenges posed by students' reliance on online material for research.(Legal Research)LawRichard A. Danner
For biotech companies, IP due diligence is tricky; key issues are extent of rights and ability to transfer or commercialize those rights.(Biotech)LawBeth Arnold, Jonathan Hulbert
Forum selection; is selecting shopping?LawGeorgene M. Vairo
Forum selection; judge-shopping.LawGeorgene M. Vairo
Forum selection; multidistrict transfer.LawGeorgine Vairo
Forum selection; the abstention battle.LawGeorgene Vairo
Fresh approaches to firm recruitment and retention; traditional methods of promoting diversity should yield to more defined stretegies, like outreach to minority student groups.(Diversity and the Law)LawNina J. Fain
From whence? The schools that supplied new associates for a sampling of firms.(Careers)Law 
FTC applies FCRA to firms; outside counsel that conduct investigations regularly may be 'consumer reporting agencies.'(Fair Credit Reporting Act)(Corporate Counsel)LawBruce E. Yannett, Leigh R. Schachter
Future governance and activism trends; six predictions include growing influence of technology, focus on social issues, better communication and globalization.(Corporate Secretaries)LawRichard H. Koppes
Getting hold of grand jury transcripts; civil litigants must show a 'particularized need' that outweighs the need for continued secrecy of the proceeding.(Litigation)LawBruce Medoff
Grisham wannabes; getting your thriller published is a long shot - but possible.LawJanet L. Conley
Halting regulation through litigation; at least one appellate court has put the brakes on a city's targeting of the gun industry.(Defense Litigation)LawEdward W. Gerecke
Handheld devices get thumbs up; lawyers use them to organize memos and phone numbers, update their calendars and, of course, impress potential clients.(Legal Tech)LawLarry Bodine
Hard-fought, big-money judicial races; U.S. Chamber of Commerce enters fray with ad money.LawMark Ballard, Emily Heller
Health law; a process worth saving.LawSanford V. Teplitzky, William T. Mathias
Health plan medical directors face greater scrutiny; increased role in establishing policies that implicate coverage decisions could lead to liability.(Corporate Counsel)LawKeith J. Halleland, Shirley J. Qual
He looks after the foxes for Murdoch.(Arthur M. Siskind, director, senior executive vice president and group general counsel of the News Corp. Ltd.)LawAndrew Dunn
He plays by the rules at the NHL.(David Zimmerman, vice president and general counsel of the National Hockey League)LawJames Bourne
He signed up with a bankrupt company.(David H. Lissy, senior vice president, general counsel and corporate secretary, Ames Department Stores Inc.)LawJames Bourne
HIPAA's lack of private right to sue not a total bar; individuals may be able to bring third-party beneficiary actions or bring suit under state laws.(Health Care)LawJackie Huchenski, Linda Abdel-Malek
His defense attorney wanted him dead; but death row appeal lawyer confessed to sabotage at 11th hour.(North Carolina)LawMatt Flesicher
Hi-tech visuals tell a story; complex computer or scientific cases require sophisticated trial graphics to educate a jury.(Legal Tech)LawTerrence P. McMahon, Amy Landers
Hottest legal tech is now Web-based; start-ups are putting up dozens of sites that offer software for tasks such as billing, litigation management, research.(Software)LawMark Voorhees
How could they do it? Racial cracks, naked pictures head year's list of judicial lows.LawGail Diane Cox
How 'reliable' should a physician's diagnosis be? Circuits disagree over whether a doctor's causation testimony must satisfy the 'Daubert' test.(Litigation)LawJohn R. Henderson, Darrell Grams, Diane Presti
How strong is first inventor defense? Prior-user rights provisions are riddled with qualifications meant to limit its applicability.(Intellectual Property)LawFrederic M. Meeker, Gary D. Fedorochko
How to keep trade secrets 'secret' during litigation; throughout a trial, counsel should take steps to guard against disclosure of IP rights.(Intellectual Property)LawTimothy S. Durst, Cheryl L. Mann
How to sell yourself successfully for the job you want; dream jobs for beginners are few, but you can maximize your chances with preparation.(Careers)LawDeborah Arron
How Web users can keep money matters in the vault; new legislation aims at providing Internet consumers with more control over who peeks into their private piggy banks.(Banking)LawBart A. Lazar
ICANN faces major challenge with country codes; its claim to control 240-plus top-level domain names for nations is inherently weak.(Intellectual Property)LawMark Sableman
Immigration regs make techies hard to hire; employers will soon be unable to obtain new H-1B visas for foreign high-tech workers.(Corporate Counsel)LawDan White
In brave new world, who is an employee? Microsoft and Time Warner cases illustrate lag between business needs and laws regulating the contingent work force.(Vizcaino v. Microsoft and Herman v. Time Warner Inc.)(Employment Law)LawAlden J. Bianchi
In ruling on antitrust, does Fed. Circuit overstep? Its exertion of jurisdiction over nonpatent issues puts district courts in bind over precedents.(Intellectual Property)LawRonald S. Katz, Adam J. Safer
Insider trading; SEC cracks down.LawSteven M. Cohen
Insurance catches up to Internet revolution; an industry slow to change finds itself fighting many 20th-century holdovers and state-law barriers.(Insurance)LawAlan C. Eagle
Insurance is available for pharmaceutical recalls; CGL and all-risk policies should together cover third-party liabilities and first-party costs.(Corporate Counsel)LawJeannine Chanes
Insurance law; coverage for computer viruses.LawRobert L. Carter Jr., Donald O. Johnson
Insuring title is sometimes neglected; parties should pay close attention to title insurance needs when transferring property, even between related entities.(Real Estate)LawDavid H. Cox, Vernon W. Johnson III
INTA addresses online issues at home and abroad; the association has played key role in domain-name dispute resolution and new legislation.(International Trademark Association)(Intellectual Property)LawAlan C. Drewsen
In Taiwan and Korea, patent laws begin to progress;.(International Law)LawGlenn W. Rhodes
Intellectual property plays major role in mergers; counsel must scrutinize documents, antitrust issues and tax implications.(Securities / M&A)LawLanning G. Bryer, Scott J. Lebson
International; combating bribery.LawMatt Morley
International law; E.U. privacy directive.LawJames D. Taylor, Terri J. Seligman
International law; exhaustion of IP rights.LawDarrell Prescott, Katarzyna A. Buchen
International treaties; Canada's pharmaceutical laws.LawGunars A. Gaikis, Daphne C. Ripley
Internet goes south, and so do investors; Latin America is proving to be the next frontier as investors find ways to enter this appealing, untapped market.(New Silicon Valleys)LawJohn Kennedy, Bill Sherman, David Lorie
Internet law; does the ADA apply?LawJonathan Bick
IP licensing; conditional sales.LawIeuan G. Mahony
IRBs tend to grow short of needed skills; institutional review boards, charged with protecting subjects of clinical trials, may have to hire outside consultants.(Pharmaceuticals)LawMark Barnes, Patrick Florencio
Joint-custody pointers.LawMary Kay Kisthardt, Barbara Handsachu
Jumping over the evidence hurdle at trial; trial counsel can get demonstratives admitted, or keep them out, if they follow some basic suggestions and know the law.(Visual Evidence)LawTimothy Q. Delaney, Charles M. McMahon
Knowledge management: what's the fuss about? System can offer all employees access to the information resources of an organization.(Legal Tech)LawSteven Lauer
Labeling for generic: no infringement; 2d Circuit recently held that there was no copyright violation when brand-name's user's guide and audiotape were copied.(Pharmaceuticals)LawLawrence M. Sung, Lydia P. Loren
Labor law; NLRB battles the courts.LawKenneth R. Dolin, Scott R. Rozmus
Labor law; NLRB decision in 'Sturgis.'LawKenneth R. Dolin, Scott V. Rozmus
Labor law; regulating employee e-mail.LawKenneth R. Dolin, Scott Rozmus
Labor liabilities can haunt mergers; if not examined early on in negotiations, employment issues could be deal breakers.(M&A)LawD. Gerald Coker, John A. Lambremont
Law grads stay loyal while flexing pro bono wings; in a departure from the salary wars, firms appeal to altruism and idealism by offering public service fellowships to new recruits.(Pro Bono)LawEric Adler
Lawyers and the lynching; recently found list names alleged leaders in Leo Frank killing.(Georgia)LawJonathan Turley
Legal big wheel in Rotary's world.(Steven Routburg, general counsel and manager, legal services division, Rotary International)LawDarryl Van Duch, Peter Aronson
Legal ethics; in-house MDPs.LawCharles W. Wolfram
Legal ethics; in-house privilege.LawCharles W. Wolfram
Legal practitioners take note: virtual lawyering has arrived; technology creates a growing interdependence among the Web, attorneys and consumers.(Legal Tech)LawPeter Jaffe
Less shock in stock-for-stock; hot financial techniques help parties cope with price unknowns in equity mergers.(M&A)LawDaniel N. Budofsky
Liabilities, coverage are key factors; mergers require an understanding of the target's potential liabilities, and insurance assets to respond to them.(Securities / M&A)LawFinley Harckham, Jeannine Chanes
Librarians walk a tightrope between tech and law; administration of legal libraries requires research skills as well as computer savvy.(Legal Research)LawCarolyn P. Ahearn, Jeannine Coscia
Litigation funding firms move quietly into Florida; company chiefs brush aside ethical worries: 'We are not practicing law here.'LawAdam Miller
Litigation; looking at Rule 30.LawSteven P. Caley
Litigation; privileged information.LawRichard F. Ziegler
Litigation; the price of incivility.LawRichard F. Ziegler
Long arms of antitrust law reaches farther overseas; the U.S. Department of Justice is stepping up enforcement of anti-cartel laws by fining and jailing foreign executives.(International Law)LawSteven Rosenbaum, Bruce Baird
Loose change adds up to big budget bucks for firms; lawyers who take stock of where their marketing money goes may be surprised at the waste of poorly directed spending.(Legal Administrators)LawDeborah McMurray
'Love contracts.'LawNicole C. Rivas
LSATs provide a narrow gate into legal profession; many qualities that would make for good lawyering cannot be judged by standardized tests.(Careers)LawJoAnne Epps
Major change in disclosure law to take effect soon; applications will be published 18 months after first priority date, even if no patent issues.(Intellectual Property)LawThomas J. Engellenner
Making a virtual house call; states revisit the issue of telemedicine as it expands to cover diagnosis and treatment.(E-Commerce)LawLori J. Braender, Kara McCarthy Perry
Mandatory arbitration and labor not ideal mix; high court to examine whether ADR clauses are enforceable in most employment contracts.(Employment Law)LawJoshua M. Javits
Market-driven method preserves patents' value; when IP counsel, R&D, sales and marketing work together, patent protection is optimized.(Corporate Counsel)LawGerson S. Panitch
Marketplace; which areas are hot and which are not, according to recruiters.(Careers)Law 
Mass tort settlement issues; nonsettling defendants must protect the equivalents of contribution and indemnity rights when co-defendants agree to settle.(Litigation)LawRichard I. Werder Jr.
Matter-management software now available online; web-based software allows law firms to easily pull together data from multiple sources.(Legal Tech New York)LawBarry Solomon
Media madness: triggering statute of limitations? California courts examine whether news coverage should put someone on inquiry notice.(Litigation)LawRichard C. Giller
Medical marijuana unwelcome at work; state moves toward decriminalizing medical uses of marijuana give rise to conflicts between state and federal laws.(Employment Law)LawPaula A. Barran
More patent defendants use doctrine of inherency; plaintiffs cannot rely on limitation intrinsically present in prior art to make claim novel.(Intellectual Property)LawCharles Guttman
NALP unveils 5-year plan for eight program areas; the organization will expand its services to schools, students and a range of legal employers.(Careers)LawGina Sauer
Navigating AT&T's regulatory maze.(James W. Cicconi, general counsel and executive vice president for law and government affairs, AT&T)LawArthur Hayes
Net stirs public records debate; privacy vies with free speech in struggle of the information stage.LawMichael Goldhaber
Newer twists in insurance coverage; Web-based companies must first identify and assess risks inherent in their businesses.(E-Commerce)LawBernard P. Bell
New e-signature law; impact on B2B, B2C and B2G.LawBenjamin Weinstock, David P. Leno
New laws meet smaller shareholders' expectations. State legislators broaden the rights of minority stock owners in closely held corporations.(Corporate Counsel)LawBruce A. Rubin
New lawyers can learn to bring in biz; like other skills, building client relations and developing business can be taught to, and encouraged among, firm associates.(Legal Administrators)LawSteven C. Bennett
New top-level domains to follow same old dots; proposed generic TLDs include .store for retailers, .arts for cultural/entertainment sites and .info for information services.(Legal Tech)LawPaulomi Richtermeyer
N.J. high court scuttles learned-intermediary rule; companies directing ads to consumers have a duty to warn; case will affect Web ads.(Pharmaceuticals)LawP. Terrence Gaffney
NLRB overrules 11-year election photograph ban; decision would allow a union, but not an employer, to take pictures or video of employees.(Corporate Counsel)LawPaul Bittner
NLRB redefines 'employee' in the medical field; broad definition allows interns, residents to bargain for wages; HMO docs may be able to, too.(Corporate Counsel)LawPeter D. Stergios, Jeffery D. Williams
No landmarks among First Amendment cases.(Santa Fe School District v. Doe and Boy Scouts of America v. Dale)(1999-2000 Term Analysis)LawBernard James
Noncompetes; geographical limits.LawJohn Siegal
Nonexclusive patent licenses: not assignable; 9th Circuit decision precluded debtor in possession from assuming rights, sans consent.(Perlman v. Catapult Entertainment, Inc.)(Intellectual Property)LawNeal Batson, John P. Fry
No suit means no duty to defend or indemnify; California courts use literalist apporach to determine whether insurer's obligation kicks in.(Insurance)LawRichard Wirick
Not-for-profit work has its own risks; practitioners who also serve on nonprofit boards should be aware of the consequences.(Corporate Counsel)LawJonathan R. Hodes
'No trespassing': Internet spin on an old doctrine; the 'eBay' court maintained legal borders on the Net with traditional property concepts instead of using IP protection.(E-commerce)LawMichael A. Nemeroff, Matthew P. Pasulka
Old torts never die - they just adapt to the Internet; as computing becomes less about esoteric science and more about living, tried and true legal doctrines of fault become key.(Legal Tech)LawChristopher J. McGuire
Open-source movement vies with classic IP model; free software is bound to have a significant effect on patent, copyright, trade secrets suits.(Software)LawWendy C. Freedman
OSHA's ergonomics arm reaches farther than ever; new rules relating to injury prevention and accommodation have broad worker application.(Employment Law)LawScott H. Dunham, John Hoggan
Patent law; actual notice under S. 297(a).LawPeter C. Lando, Michael N. Rader
Patent law; attorney-client privilege.LawWilliam M. Atkinson, Sandra L. Boscia
Patent law; bioinformatic tools.LawStephen Lesavich
Patent law; biotech research tools.LawPaul F. Fehlner
Patent law; business method defense.LawLawrence M. Sung, Jeff E. Schwartz
Patent law; business method patents.LawGary M. Hoffman, Gabriela I. Coman
Patent law; business methods.LawAndrew J. Frackman, Robert M. Stern
Patent law; certificates of correction.LawVictor F. Souto
Patent law; e-commerce damages awards.LawAndrew J. Frackman, Robert M. Stern
Patent law; examination guidelines.LawJanice M. Mueller
Patent law; generic drug rulings.LawJeffrey S. Ward
Patent law; gene sequences.LawRichard J. Berman
Patent law; insurance coverage.LawM. Elizabeth Medaglia
Patent law ; lost-profits damages.LawA. Shane Nichols
Patent law; obviousness findings.LawPeter J. Gordon
Patent law; on-sale bar after "Pfaff.'LawRussell B. Hill, William C. Rooklidge
Patent law; protecting software.LawMichael E. Wever
Patent law; standards abuse.LawTimothy Baumann
Patent law; strategic due diligence.LawGerson S. Panitch
Perils of privatization; corporations that take on government functions may face liability for Sec.1983 violations.(Corporate Counsel)LawSamuel D. Walker, N. Christopher Hardee
Personnel handbooks incite suits; at issue is whether the terms can be read to grant employees a property interest and thus impose obligations on employers.(Corporate Counsel)LawWilliam F. Causey, Ilana R. Fisher
Pharmaceuticals; Maine's price control law.LawTony Alexander, Gwendolyn Alexander
Pill splitting raises issues of safety and patent coverage; cases upholding single-use limitations might prevent dividing doses, either by commercial outfits or by individuals.(Pharmaceuticals)LawNicolas G. Barzourkas
Plugging in: new tenants and old leases; tried-and-true standard forms must give way to new concerns as landlords and lessees meet high-tech company needs.(Computer Law)LawEarl Segal
Plugging leaks in federal contracts; the Department of Energy tightens its security clauses in agreements with private providers to keep a lid on secrets.(Government Contract)LawRoss L. Crown
Pooling v. purchasing: which method works best? Alternate forms of accounting for business combinations yield widely different results.(M&A)LawSteven Sonberg, George A. Villasana
Privilege issues; subpoena by Congress.LawDavid B. Alden
Proceedings under UDRP are off and running; already, 120 decisions have issued under Uniform Domain Name Dispute Resolution Policy.(Intellectual Property)LawAmy Benjamin
Programmers' dilemma: what protection is best? For now, there is room for both trade secrets and patents in a software firm's IP arsenal.(Intellectual Property)LawCynthia A.R. Woollacott, Lawrence H. Miller
'Progressive encroachment' theory is weakening; the reduced significance of geographic boundaries may end defense to laches claim.(Intellectual Property)LawBruce A. McDonald
Protection of data under HIPAA is still volatile issue; rules proposed under Health Insurance Portability and Accountability Act trouble both privacy advocates and the industry.(Health Care)LawJohn A. Knapp
Pushing the states on gay unions; Vermont law will lead to suits elsewhere, advocates say.LawShannon P. Duffy
Putting a premium on privacy protection policies; Web businesses and lawmakers address consumer concerns about use of personal data.(E-Commerce)LawRobert L. Hoegle, Christopher P. Boam
Racing to the courthouse takes on a new meaning; high-tech clients increasingly present counsel with demands for emergency injunctive relief.(E-commerce)LawVernong W. Johnson III
Radical changes make the market hard to decipher; revamped salaries and billing, still untested, make for an apples-and-oranges situation.(Careers)LawWendy L. Werner
Recent case finds no coverage for trademark wrong; 8th Circuit's decision in 'Callas' highlights need for clarity in definition of advertising injury.(Intellectual Property)LawErik Kahn
Recent IP legislation is most sweeping in yuears; it includes broad changes to patent law as well as the new anti-cybersquatting statute.(Intellectual Property)LawSteven R. Englund, Scott A.M. Chambers, David W. Leary
Recognizing when to settle can be half the battle; experienced counsel know that a desire to negotiate is not necessarily a sign of weakness.(Corporate Counsel)LawThomas A. Decker, F. Warren Jacoby
Re-exam of Y2K patent: much at stake; if the proceeding takes place, Bruce Dickens, who seeks millions from licensing, could see his claims narrowed or rejected.(Software)LawFrederick H. Colen, Robert D. Kucler
Regulating gene data; U.S. and E.U. may implement restrictions on patent rights and statutues to protect privacy.(Biotech)LawAndre C. Frieden
Regulating online goods; the Consumer Product Safety Commission recently turned its attention to Internet sales.(E-commerce)LawLaura Neuwirth
Risk-sharing contracts are problematic; health care providers, unlike insurance underwriters, often do not conduct enough research before entering into agreements.(Health Care)LawAmy Applebaum, J. Mark Abernathy, Frank Stevens
Road to self-discovery can lead to legal discovery; corporate efforts to evaluate discrimination and diversity not always privileged material.(Employment Law)LawChristine A. Amalfe, Karen L. O'Keefe
Rule for streamlining discovery is no panacea; companies find Rule 30(b)(6) depositions don't always speed things better than other means.(Corporate Counsel)LawJack I. Samet, Andre Y. Bates
Rulings in business cases covered a broad range.(1999-2000 Term Analysis)LawDonald Falk
Rulings on abortion and grandparents' visitation.(Stenberg v. Carhart and Troxel v. Granville)(1999-2000 Term Analysis)LawSylvia A. Law
Search warrants; seizing electronic data.LawEdward A. Rial, Karen S. Popp
SEC disclosure; international deals.LawSara Hanks
SEC may lack basis to bar stock touting; some view Web chat boost of share prices as naughty but legal.LawEllen Rosen
Secondary effects of Y2K bug may develop; supply chain failures can cause big problemssuits to recover remediation costs may multiply.(Intellectual Property)LawMitchell L.. Lathrop
SEC pays attention to increase in online investing; agency has examined ways to monitor electronic markets and to encourage wider participation.(Computer Law)LawNeal E. Sullivan, Kara Parmelee
SEC's proposal puts end to selective disclosure; tell-all-anti-fraud rules are aimed at ending analysts' improper relationships and insider trading.(Securities / M&A)LawTom Sweeney
Securities law; an auditor's responsibility.LawEdward A. Rial, Jonathan D. Polkes
Securities; SEC Internet report.LawSarah Hewitt, J. Christopher Giancarlo, Peter J. Fusco
Serving up a deal with the Tex-Mex.(Becky Rainey, general counsel, Taco Cabana Inc.)LawBremda Sapino Jeffreys
Seven safe harbor principles vs. trade secret rights; some feel that compliance with E.U. data protection directive puts customer lists in jeopardy.(Intellectual Property)LawR. Mark Halligan
Some FDA applications can escape full testing; draft guidance suggests that in many cases, studies conducted by others will be acceptable.(Pharmaceuticals)LawJill D. Deal
Some rates soar, others rarely budge; law firms take a variety of approaches to traditional and alternative billing as the economy, for now, keeps on rolling.(Billing)LawCarla T. Main
State eqity doctrine helps title insurers; equitable subrogation has evolved as a way to protect parties that advance funds when intervening liens suddenly come up.(Real Estate Law)LawDavid H. Cox, Vernon W. Johnson III
Status quo in 'Dickerson' and other criminal cases.(1999-2000 Term Analysis)LawIra Mickenberg
Striking a balance between linking and infringing; courts have barred linking to infringing sites, but only after defendants directly infringed.(Intellectual Property)LawWilliam F. Dolan, Marc D. Leve
Study the Web, then get a J.D.; legal institutions revamp their curricula to include courses on cyberlaw and technology.(Legal Tech)LawClaire Barliant
Success in the global marketplace? Three years later, many question whether the goals of the WTO's Agreement on Telecommunications Services were met.(Telecom/Computer)LawChristopher Huther, Lisa Friedlander
Summary judgment is often the best option; not every patent is too complex to be easily understood without discovery; often it isn't needed.(Intellectual Property)LawKathryn D. Zalewski
Summary judgment of invalidity can aid defendant; Federal Circuit has increasingly affirmed rulings based on the on-sale bar and other grounds.(Intellectual Property)LawJohn L. Cooper, Hannah S. Yuen
Summary judgments is losing ground before panel; the Trademark Trial and Appeal Board has lately denied almist three-fourths of such motions.(Intellectual Property)LawLinda K. McLeod, Erin M. Falk, Mary F. Walters
Supreme Court takes rare look at insurance; employment discrimination claims coverage increasingly includes punitive damages.(Insurance)LawRichard R. Winter
Surf's up: guide to the best Web sites for lawyers; NLJ offers a listing by category of helpful locations on the Net for a variety of practice areas.(Best Web Sites)LawMark Voorhees, Wayne Lovett
Tech companies make a home in nation's capital; Washington, D.C., and 'burbs offer advantages to biotech and telecommunication firms.(New Silicon Valleys)LawMark I. Schwartz, Robert L. McKay Jr.
'Techno-torts' pose new challenges for litigators; Internet crimes ranging from hacking, defamation and complex market fraud abound.(Defense Litigation)LawDavid E. Dukes, Michael W. Hogue
Termination looms in 2013; authors' ability to end grants in works from 1978 on will affect many IP owners and licensees.(Intellectual Property)LawWendelyn P. Killian, Leon Liu
The 100 most influential lawyers; the NLJ offers its triennial honor roll of most practitioners; 40% are new.LawPatrick Oster
The law school library: it's more than just books; academic librarians review Web sites, advise students and meet with vendors - all in one week.(Legal Research)LawPenny A. Hazelton
The lure of the startup forces firms to compete; some offer young attorneys not only higher salaries, but more appealing work environments.(Careers)LawJohn Lipsey
The NLJ client list; who represents corporate America.Law 
The un-Grisham holiday legal reading list; an earnest and eclectic selection of books by and about lawyers and the law.LawMarc Desmond
Three cities, three different law practices; Cleveland, Cincinnati and Columbus offer lawyers diverse environments.(Ohio)(The NLJ Visits)LawJennifer Nix
Too famous to trademark: Diana case proves point; court found use of her persona so widespread that it could not indicate a source of goods.(Intellectual Property)LawJeffrey L. Eichen
Trademark law; global anti-cybersquatting.LawKatarzyna A. Buchen, Brian T. Belowich
Trademark law; product design trade dress.LawSheldon Klein, Pamela Haughton-Denniston
Trademark owners weigh court vs. UDRP; suit under anti-cybersquatting act allows for more remedioes, but dispute resolution is faster.(Intellectual Property)LawMatt Railo
Trade secrets law; use of written agreements.LawNick Akerman, Andrew B. Lachow
Trade secrets; noncompete agreements.LawBeverly Garofalo, Mitchell L. Fishberg
Trade secrets; preventing a leak.LawNick Akerman, Andrew Lachow
Traditional jurisdiction concepts win on appeal; circuits reject radical approach and rule mere presence of Web site in forum is not sufficient.(Computer Law)LawDonna A. Tobin
Trickle-down theory: mentor senior; a new Harvard study shows that helping seasoned associates make the transition to partnership helps juniors along, too.(Careers)LawTimothy G. Leishman
TRIPS agreement impacts pharmaceutical sector; not all members, especially the developing nations, feel the benefits of increased trade.(Intellectual Property)LawEmily Miao
TV access for the deaf, blind reaches new heights; FCC rules mandate emergency alerts to be presented in visual and auditory form, and double the amount of closed captioning.(Telecom./Computer)LawMichael R. Brentano, Jefferson C. McConnaughey
Two appraisal experts, two very different values; courts are challenged to apply their evidentiary gatekeeping role in just-compensation suits.(Litigation)LawMartin D. Minsker
Two NLRB decisions expand employee rights; nonunion workers now have 'Weingarten' rights, and unions are freer to organize temps.(Corporate Counsel)(Epilepsy Foundation of Northeast Ohio and M.B. Sturgis)LawGregory Robertson, Frederic Freilicher
Updated ABA diversity plan forges ahead; the association's action-oriented mission includes a business law fellows program, ambassadors program and scholarships.(Diversity and the Law)LawMichael E. Flowers
'Wal-Mart' clarifies product appearance trade dress; high court added a condition to Lanham Act protectability: proof of secondary meaning.(Intellectual Property)LawJulius Rabinowitz
War of the words? Using generic terms in dot-com names is at odds with a basic of trademark law: such terms can never be protected.(Intellectual Property)LawGlenn Gundersen
Wearing two hats: one more headache? Privilege gets hazy for counsel who give legal and business advice to corporate clients.(Corporate Counsel)LawMichael A. Lampert, Joseph M. Fairbanks
Web lenders tread slowly into traditional waters; regs and laws designed to protect public now stand in the way of Internet bank progress.(Computer Law)LawNorman H. Roos
Web privacy; FTC takes action.LawLuis Salazar
Web puts new spin on traditional antitrust laws; established principles still likely to apply to a manufacturer's Internet business strategy.(E-commerce)LawMark W. Merritt
What's left to patent? The PTO's written-description requirements limit the scope of genome-related inventions.(Intellectual Property)LawMichael L Fuller, Daniel E. Altman
When employees are vulnerable, employers are, too; bosses can be liable for workplace violence when they fail to prevent a known threat.(Employment Law)LawDonald F. Burke
Where everybody upholds your publicity claim; high court lets stand 9th Circuit holding that robots might violate 'Cheers' actors' rights.(Intellectual Property)LawDennis Loomis
Who takes the blame when the power goes out? Litigation is springing up with claims of physical damage to computer hardware, corruption of stored data and huge losses.(Litigation)LawGary P. Hunt, Christopher W. Cahillane
Will 4th Circuit continue race-based assignments? The 'Capacchione' appeal will weigh in on the developing line of federal cases dissolving school desegregation orders.(Litigation)LawDoughlas M. Jarrell, Scott W. Gaylord
Will Japan's drug business catch up? Industry faces stiff competition from mega-merged, highly innovative foreign companies.(Pharmaceuticals)LawPaul N. King
Wireless companies turn to subleases; the structure offers advantages to carriers, such as protection against the bankruptcy of a cell tower.(Real Estate Law)Lawk Dennis L. Zakas, Alfred S. Lurey
Witnesses may be nixed if confidences are to be kept; businesses can prevent turncoat experts from testifying for others by adequately protecting confidential disclosures.(Litigation)LawDavid S. Coale
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