The National Law Journal 2000 |
Title | Subject | Authors |
$145 billion to send a message; lawyers say effects of tobacco verdict may be felt by others. | Law | Bob Van Voriks |
14th Amendment is real issue in federalism cases.(U.S. v. Morrison)(1999-2000 Term Analysis) | Law | Walter 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) | Law | Keith 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) | Law | M. Elaine Jacoby |
ACCA puts focus on changes in profession; association has championed multijurisdictional practice and multidisciplinary practice.(American Corporate Counsel Association)(Corporate Counsel) | Law | Frederick J. Krebs |
Accountants' role includes more than just figures; financial experts can help counsel develop a claim and resolve evidentiary problems.(Litigation) | Law | Michael Mulligan |
Acts seek uniform e-policies; E-sign pre-empts state laws if inconsistent with UETA; UETA provisions supersede E-sign.(Legal Tech) | Law | Norman H. Roos, William E. Bandon III |
Advising on the law is genetic with him.(E. Lee Bendekgey, general counsel, Incyte Genomics Inc.) | Law | Karen Hall |
A great balance; some firms have figured out how to make profits and have a life outside the office. | Law | Janet 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) | Law | Kate 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) | Law | M. Lynn Spruill |
Allstate faces new liability; judge finds anti-lawyer claims policy constitutes the unauthorized practice of law.(Jones v. Allstate Insurance Co.)(Washington) | Law | Mark 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) | Law | Jacqueline 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) | Law | Kenneth A. Adler, Monica B. Richman |
An Hispanic justice at last? Partisans see success near, no matter who's in the White House. | Law | Tony Mauro |
Antitrust; electronic media. | Law | Janet McDavid, Corey Roush |
Antitrust law; B2B Internet marketplaces. | Law | Jeffrey P. Weingart, Jennifer L. Gray |
Antitrust law; globalization and the E.U. | Law | Janet McDavid, Catriona Hatton |
Antitrust law; IP owners' refusals to deal. | Law | Joseph P. Lavelle, Marc G. Schildkraut |
Antitrust law; what's the FTC up to? | Law | Janet 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) | Law | Jennifer N. Lehman |
A product too close to home; courts divided over whether commercial general liability insurance covers buildings as products of developers, contractors.(Insurance) | Law | Alan 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) | Law | Doak Bishop |
Are noncompete clauses kaput? In an emerging trend, states may follow California's policy favoring open competition.(Corporate Counsel) | Law | Robert C. Welsh, Larry C. Drapkin, Samantha C. Grant |
Asians increase at big firms; but overall minority numbers are flat in NLJ 250 survey. | Law | Arthur 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) | Law | Lisa 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) | Law | Lynn 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) | Law | Paul F. Mickey Jr. |
Attorneys face novel issues across national borders; telecommunications, foreign mergers create more disputes raising worldwide litigations.(Litigation) | Law | ASdolfo 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) | Law | Tom Knox, Chuck Lobsenz, Rebecca Schwayder |
B2B commerce; minimizing liability. | Law | Anita Smith |
Baby for sale; Mich. man tried to sell his daughter,. | Law | M.L. Elrick |
Banking law; privacy matters. | Law | Ted Dreyer |
Bankruptcy law; a debtor's press release. | Law | Craig M. Rankin, David B. Golubchik |
Bankruptcy law; Internet customer databases. | Law | Jane Kaufman Winn, James R. Wrathall |
Bankruptcy law; unwinding settlements. | Law | Craig 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) | Law | Michael 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) | Law | Gary L. Kaplan |
Bill to alter business bankruptcy under fire; critics say that the legislation will hurt small companies. | Law | Ellen L. Rosen |
Biomedical research; human subjects protection. | Law | Robert 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) | Law | Sean Delany |
Blocks on 'hate-filled' Web content are challenged; lawmakers consider legally required filters on computers provided with public funds.(Telecom/Computer) | Law | Christopher Wolf |
British-U.S. mergers face culture clash; predicted trans-Atlantic pairings aren't happening. | Law | Wendy Davis |
'Buid to suit' is tenants' latest craze; new trend requires lawyers to juggle deals on multiple tracks, including land option, financing.(Rela Estate) | Law | Timi 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) | Law | Thomas 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) | Law | Bruce 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) | Law | Robert M. Brill, David Jacoby |
Captive firms of insurers get stung in court; ethics breaches, unlicensed practice found in two states.(Montana) | Law | Gail 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) | Law | Stephen Lesavich |
Cases suggest iMacs' trade dress merits protection; the recognizable shape, colors and translucency will likely be found inherently distinctive.(Intellectual Property) | Law | Ronald 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) | Law | Rod 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) | Law | John 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) | Law | David 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) | Law | Stephen 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) | Law | Steven 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) | Law | Steven 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) | Law | Robert 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) | Law | Catherine M. Kilbane |
Commercial law; disputes under Art. 9. | Law | Neil 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) | Law | Mark A. Malaspina |
Complex litigation; punitive damages class II.(response to Linda S. Mullenix in National Law Journal, vol. 22, Jan. 24) | Law | Thomas 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) | Law | R. 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. | Law | Monica B. Richman, Jeffrey P. Weingart |
Copyright law; fair use online. | Law | John E. Graf |
Copyright law; joint authorship. | Law | James W. Morando, Stephanie P. Skaff |
Copyright law; protection for photographs. | Law | David Goldberg, Robert J. Bernstein |
Copyright law; visual artists' rights. | Law | John E. Daniel |
Copyright law; Web site metabrowsers. | Law | Jeffrey D. Neuburger, Stephania R. Geraci |
Corporate crime; attorney-client privilege. | Law | Steven M. Cohen, Joanna L. Bergmann |
Corporate crisis; the attorney's role. | Law | David 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) | Law | Heidi 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) | Law | Paul 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) | Law | Morgan 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) | Law | Christopher 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) | Law | Karen 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) | Law | Christine 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) | Law | Robert J. Ambrogi |
Cyberpirates, beware; recent anti-cybersquatting law provides new deterrence tools but does not solve all problems.(Intellectual Property) | Law | Michael 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) | Law | Colin 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) | Law | G. Marc Whitehead |
Delaware District is top choice for patent disputes; Wilmington-based court is known for innovation in trying biotech, other complex cases.(Biotech) | Law | William J. Marsden Jr. |
Design patent + trademark = better protection? The e-commerce revolution has sparked an interest in combining both forms of IP.(Intellectual Property) | Law | Robert 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) | Law | Elizabeth 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) | Law | Kim Koopersmith, Samidh Guha |
DMCA safe harbor provisions.(Digital Millennium Copyright Act) | Law | Bruce 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) | Law | David 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) | Law | Del 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) | Law | Carl 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) | Law | Jay 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) | Law | Kenneth A. Adler, Robert D. Gilbert, Susan L. Crane |
Domain names; property status. | Law | John 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) | Law | Michael 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) | Law | Bryan G. Harston |
E-commerce; transferable records. | Law | Jane Kaufman Winn |
Electronic Signatures Act. | Law | Scott 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) | Law | Jim 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) | Law | Patricia Nieuwenhuizen |
Employees may own key patents; use of employment agreements is the only way companies can control workers' inventions.(Intellectual Property) | Law | Bradley C. Wright |
Employment law; partners seeking protection. | Law | Gloria Allred, John S. West |
Employment law; the ADA and health insurance.(Americans with Disabilities Act) | Law | Jay W. Waks |
Employment law: workplace violence. | Law | Louis 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) | Law | Nigel 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) | Law | Terence J. Gallagher |
Evolution of legal Web sites: approaches to domain names, contents, marketing and protection have changed fast.(Best Web Sites) | Law | Wendy 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) | Law | Kathleen M. Sanzo, Stephen Paul Mahinka |
Expert witness; beyond 'one size.' | Law | Edward J. Imwinkelried |
Expert witness; libel experts. | Law | Tom Leatherbury |
Expert witness; Rule 702's reach. | Law | Edward 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) | Law | George 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) | Law | Victoria E. Brieant, William N. Hebert |
False Claims Act ... and the compliance officer. | Law | John T. Boese, Beth C. McClain |
False Claims Act; high court's 'Vermont' decision. | Law | John T. Boese, Beth C. McClain |
Farewell to books of yore; virtual law libraries and pocket-size CD-ROMS quickly replace hardcover collections.(Legal Research) | Law | Ritchenya 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.) | Law | Tony 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) | Law | Thomas 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) | Law | Sam Sexton III |
Fighting ghosts of corrupt Teamsters.(Patrick J. Szymanski, International Brotherhood of Teamsters) | Law | Patrick 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) | Law | Indira 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) | Law | Konrad 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) | Law | Owen D. Kurtin, Beth Simone Noveck |
Financial crime; disclosure requirements. | Law | Alan Cohen, Julie Copeland, Scott Schrader |
Focus on information literacy; law schools face challenges posed by students' reliance on online material for research.(Legal Research) | Law | Richard 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) | Law | Beth Arnold, Jonathan Hulbert |
Forum selection; is selecting shopping? | Law | Georgene M. Vairo |
Forum selection; judge-shopping. | Law | Georgene M. Vairo |
Forum selection; multidistrict transfer. | Law | Georgine Vairo |
Forum selection; the abstention battle. | Law | Georgene 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) | Law | Nina 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) | Law | Bruce 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) | Law | Richard 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) | Law | Bruce Medoff |
Grisham wannabes; getting your thriller published is a long shot - but possible. | Law | Janet 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) | Law | Edward 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) | Law | Larry Bodine |
Hard-fought, big-money judicial races; U.S. Chamber of Commerce enters fray with ad money. | Law | Mark Ballard, Emily Heller |
Health law; a process worth saving. | Law | Sanford 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) | Law | Keith 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.) | Law | Andrew Dunn |
He plays by the rules at the NHL.(David Zimmerman, vice president and general counsel of the National Hockey League) | Law | James Bourne |
He signed up with a bankrupt company.(David H. Lissy, senior vice president, general counsel and corporate secretary, Ames Department Stores Inc.) | Law | James 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) | Law | Jackie Huchenski, Linda Abdel-Malek |
His defense attorney wanted him dead; but death row appeal lawyer confessed to sabotage at 11th hour.(North Carolina) | Law | Matt Flesicher |
Hi-tech visuals tell a story; complex computer or scientific cases require sophisticated trial graphics to educate a jury.(Legal Tech) | Law | Terrence 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) | Law | Mark Voorhees |
How could they do it? Racial cracks, naked pictures head year's list of judicial lows. | Law | Gail 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) | Law | John 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) | Law | Frederic 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) | Law | Timothy 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) | Law | Deborah 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) | Law | Bart 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) | Law | Mark 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) | Law | Dan 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) | Law | Alden 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) | Law | Ronald S. Katz, Adam J. Safer |
Insider trading; SEC cracks down. | Law | Steven 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) | Law | Alan 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) | Law | Jeannine Chanes |
Insurance law; coverage for computer viruses. | Law | Robert 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) | Law | David 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) | Law | Alan C. Drewsen |
In Taiwan and Korea, patent laws begin to progress;.(International Law) | Law | Glenn W. Rhodes |
Intellectual property plays major role in mergers; counsel must scrutinize documents, antitrust issues and tax implications.(Securities / M&A) | Law | Lanning G. Bryer, Scott J. Lebson |
International; combating bribery. | Law | Matt Morley |
International law; E.U. privacy directive. | Law | James D. Taylor, Terri J. Seligman |
International law; exhaustion of IP rights. | Law | Darrell Prescott, Katarzyna A. Buchen |
International treaties; Canada's pharmaceutical laws. | Law | Gunars 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) | Law | John Kennedy, Bill Sherman, David Lorie |
Internet law; does the ADA apply? | Law | Jonathan Bick |
IP licensing; conditional sales. | Law | Ieuan 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) | Law | Mark Barnes, Patrick Florencio |
Joint-custody pointers. | Law | Mary 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) | Law | Timothy 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) | Law | Steven 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) | Law | Lawrence M. Sung, Lydia P. Loren |
Labor law; NLRB battles the courts. | Law | Kenneth R. Dolin, Scott R. Rozmus |
Labor law; NLRB decision in 'Sturgis.' | Law | Kenneth R. Dolin, Scott V. Rozmus |
Labor law; regulating employee e-mail. | Law | Kenneth R. Dolin, Scott Rozmus |
Labor liabilities can haunt mergers; if not examined early on in negotiations, employment issues could be deal breakers.(M&A) | Law | D. 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) | Law | Eric Adler |
Lawyers and the lynching; recently found list names alleged leaders in Leo Frank killing.(Georgia) | Law | Jonathan Turley |
Legal big wheel in Rotary's world.(Steven Routburg, general counsel and manager, legal services division, Rotary International) | Law | Darryl Van Duch, Peter Aronson |
Legal ethics; in-house MDPs. | Law | Charles W. Wolfram |
Legal ethics; in-house privilege. | Law | Charles W. Wolfram |
Legal practitioners take note: virtual lawyering has arrived; technology creates a growing interdependence among the Web, attorneys and consumers.(Legal Tech) | Law | Peter Jaffe |
Less shock in stock-for-stock; hot financial techniques help parties cope with price unknowns in equity mergers.(M&A) | Law | Daniel 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) | Law | Finley 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) | Law | Carolyn P. Ahearn, Jeannine Coscia |
Litigation funding firms move quietly into Florida; company chiefs brush aside ethical worries: 'We are not practicing law here.' | Law | Adam Miller |
Litigation; looking at Rule 30. | Law | Steven P. Caley |
Litigation; privileged information. | Law | Richard F. Ziegler |
Litigation; the price of incivility. | Law | Richard 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) | Law | Steven 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) | Law | Deborah McMurray |
'Love contracts.' | Law | Nicole 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) | Law | JoAnne 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) | Law | Thomas J. Engellenner |
Making a virtual house call; states revisit the issue of telemedicine as it expands to cover diagnosis and treatment.(E-Commerce) | Law | Lori 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) | Law | Joshua M. Javits |
Market-driven method preserves patents' value; when IP counsel, R&D, sales and marketing work together, patent protection is optimized.(Corporate Counsel) | Law | Gerson 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) | Law | Richard 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) | Law | Barry Solomon |
Media madness: triggering statute of limitations? California courts examine whether news coverage should put someone on inquiry notice.(Litigation) | Law | Richard 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) | Law | Paula 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) | Law | Charles 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) | Law | Gina Sauer |
Navigating AT&T's regulatory maze.(James W. Cicconi, general counsel and executive vice president for law and government affairs, AT&T) | Law | Arthur Hayes |
Net stirs public records debate; privacy vies with free speech in struggle of the information stage. | Law | Michael Goldhaber |
Newer twists in insurance coverage; Web-based companies must first identify and assess risks inherent in their businesses.(E-Commerce) | Law | Bernard P. Bell |
New e-signature law; impact on B2B, B2C and B2G. | Law | Benjamin 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) | Law | Bruce 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) | Law | Steven 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) | Law | Paulomi 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) | Law | P. 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) | Law | Paul 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) | Law | Peter 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) | Law | Bernard James |
Noncompetes; geographical limits. | Law | John 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) | Law | Neal 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) | Law | Richard Wirick |
Not-for-profit work has its own risks; practitioners who also serve on nonprofit boards should be aware of the consequences.(Corporate Counsel) | Law | Jonathan 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) | Law | Michael 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) | Law | Christopher 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) | Law | Wendy C. Freedman |
OSHA's ergonomics arm reaches farther than ever; new rules relating to injury prevention and accommodation have broad worker application.(Employment Law) | Law | Scott H. Dunham, John Hoggan |
Patent law; actual notice under S. 297(a). | Law | Peter C. Lando, Michael N. Rader |
Patent law; attorney-client privilege. | Law | William M. Atkinson, Sandra L. Boscia |
Patent law; bioinformatic tools. | Law | Stephen Lesavich |
Patent law; biotech research tools. | Law | Paul F. Fehlner |
Patent law; business method defense. | Law | Lawrence M. Sung, Jeff E. Schwartz |
Patent law; business method patents. | Law | Gary M. Hoffman, Gabriela I. Coman |
Patent law; business methods. | Law | Andrew J. Frackman, Robert M. Stern |
Patent law; certificates of correction. | Law | Victor F. Souto |
Patent law; e-commerce damages awards. | Law | Andrew J. Frackman, Robert M. Stern |
Patent law; examination guidelines. | Law | Janice M. Mueller |
Patent law; generic drug rulings. | Law | Jeffrey S. Ward |
Patent law; gene sequences. | Law | Richard J. Berman |
Patent law; insurance coverage. | Law | M. Elizabeth Medaglia |
Patent law ; lost-profits damages. | Law | A. Shane Nichols |
Patent law; obviousness findings. | Law | Peter J. Gordon |
Patent law; on-sale bar after "Pfaff.' | Law | Russell B. Hill, William C. Rooklidge |
Patent law; protecting software. | Law | Michael E. Wever |
Patent law; standards abuse. | Law | Timothy Baumann |
Patent law; strategic due diligence. | Law | Gerson S. Panitch |
Perils of privatization; corporations that take on government functions may face liability for Sec.1983 violations.(Corporate Counsel) | Law | Samuel 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) | Law | William F. Causey, Ilana R. Fisher |
Pharmaceuticals; Maine's price control law. | Law | Tony 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) | Law | Nicolas 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) | Law | Earl 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) | Law | Ross L. Crown |
Pooling v. purchasing: which method works best? Alternate forms of accounting for business combinations yield widely different results.(M&A) | Law | Steven Sonberg, George A. Villasana |
Privilege issues; subpoena by Congress. | Law | David B. Alden |
Proceedings under UDRP are off and running; already, 120 decisions have issued under Uniform Domain Name Dispute Resolution Policy.(Intellectual Property) | Law | Amy 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) | Law | Cynthia 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) | Law | Bruce 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) | Law | John A. Knapp |
Pushing the states on gay unions; Vermont law will lead to suits elsewhere, advocates say. | Law | Shannon P. Duffy |
Putting a premium on privacy protection policies; Web businesses and lawmakers address consumer concerns about use of personal data.(E-Commerce) | Law | Robert 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) | Law | Vernong 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) | Law | Wendy 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) | Law | Erik 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) | Law | Steven 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) | Law | Thomas 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) | Law | Frederick 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) | Law | Andre C. Frieden |
Regulating online goods; the Consumer Product Safety Commission recently turned its attention to Internet sales.(E-commerce) | Law | Laura Neuwirth |
Risk-sharing contracts are problematic; health care providers, unlike insurance underwriters, often do not conduct enough research before entering into agreements.(Health Care) | Law | Amy 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) | Law | Christine 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) | Law | Jack I. Samet, Andre Y. Bates |
Rulings in business cases covered a broad range.(1999-2000 Term Analysis) | Law | Donald Falk |
Rulings on abortion and grandparents' visitation.(Stenberg v. Carhart and Troxel v. Granville)(1999-2000 Term Analysis) | Law | Sylvia A. Law |
Search warrants; seizing electronic data. | Law | Edward A. Rial, Karen S. Popp |
SEC disclosure; international deals. | Law | Sara Hanks |
SEC may lack basis to bar stock touting; some view Web chat boost of share prices as naughty but legal. | Law | Ellen Rosen |
Secondary effects of Y2K bug may develop; supply chain failures can cause big problemssuits to recover remediation costs may multiply.(Intellectual Property) | Law | Mitchell 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) | Law | Neal 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) | Law | Tom Sweeney |
Securities law; an auditor's responsibility. | Law | Edward A. Rial, Jonathan D. Polkes |
Securities; SEC Internet report. | Law | Sarah Hewitt, J. Christopher Giancarlo, Peter J. Fusco |
Serving up a deal with the Tex-Mex.(Becky Rainey, general counsel, Taco Cabana Inc.) | Law | Bremda 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) | Law | R. Mark Halligan |
Some FDA applications can escape full testing; draft guidance suggests that in many cases, studies conducted by others will be acceptable.(Pharmaceuticals) | Law | Jill 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) | Law | Carla 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) | Law | David H. Cox, Vernon W. Johnson III |
Status quo in 'Dickerson' and other criminal cases.(1999-2000 Term Analysis) | Law | Ira Mickenberg |
Striking a balance between linking and infringing; courts have barred linking to infringing sites, but only after defendants directly infringed.(Intellectual Property) | Law | William 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) | Law | Claire 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) | Law | Christopher 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) | Law | Kathryn 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) | Law | John 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) | Law | Linda K. McLeod, Erin M. Falk, Mary F. Walters |
Supreme Court takes rare look at insurance; employment discrimination claims coverage increasingly includes punitive damages.(Insurance) | Law | Richard 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) | Law | Mark 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) | Law | Mark 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) | Law | David 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) | Law | Wendelyn P. Killian, Leon Liu |
The 100 most influential lawyers; the NLJ offers its triennial honor roll of most practitioners; 40% are new. | Law | Patrick 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) | Law | Penny 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) | Law | John 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. | Law | Marc Desmond |
Three cities, three different law practices; Cleveland, Cincinnati and Columbus offer lawyers diverse environments.(Ohio)(The NLJ Visits) | Law | Jennifer 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) | Law | Jeffrey L. Eichen |
Trademark law; global anti-cybersquatting. | Law | Katarzyna A. Buchen, Brian T. Belowich |
Trademark law; product design trade dress. | Law | Sheldon 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) | Law | Matt Railo |
Trade secrets law; use of written agreements. | Law | Nick Akerman, Andrew B. Lachow |
Trade secrets; noncompete agreements. | Law | Beverly Garofalo, Mitchell L. Fishberg |
Trade secrets; preventing a leak. | Law | Nick 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) | Law | Donna 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) | Law | Timothy G. Leishman |
TRIPS agreement impacts pharmaceutical sector; not all members, especially the developing nations, feel the benefits of increased trade.(Intellectual Property) | Law | Emily 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) | Law | Michael 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) | Law | Martin 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) | Law | Gregory 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) | Law | Michael E. Flowers |
'Wal-Mart' clarifies product appearance trade dress; high court added a condition to Lanham Act protectability: proof of secondary meaning.(Intellectual Property) | Law | Julius 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) | Law | Glenn Gundersen |
Wearing two hats: one more headache? Privilege gets hazy for counsel who give legal and business advice to corporate clients.(Corporate Counsel) | Law | Michael 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) | Law | Norman H. Roos |
Web privacy; FTC takes action. | Law | Luis Salazar |
Web puts new spin on traditional antitrust laws; established principles still likely to apply to a manufacturer's Internet business strategy.(E-commerce) | Law | Mark W. Merritt |
What's left to patent? The PTO's written-description requirements limit the scope of genome-related inventions.(Intellectual Property) | Law | Michael 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) | Law | Donald F. Burke |
Where everybody upholds your publicity claim; high court lets stand 9th Circuit holding that robots might violate 'Cheers' actors' rights.(Intellectual Property) | Law | Dennis 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) | Law | Gary 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) | Law | Doughlas M. Jarrell, Scott W. Gaylord |
Will Japan's drug business catch up? Industry faces stiff competition from mega-merged, highly innovative foreign companies.(Pharmaceuticals) | Law | Paul 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) | Law | k 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) | Law | David S. Coale |
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