| The National Law Journal 2001 |
| Title | Subject | Authors |
|---|
| 2d Circuit tackles wide array of appeals; cases ranged from privilege to the Internet in the past year.(Circuit Watch) | Law | Jane Fankhanel, Felicia Gross |
| 9th Circuit denies Dustin Hoffman's publicity claim; Court said altered photo in fashion spread was not commercial speech.(Intellectual Property) | Law | Deanne E. Maynard, Thomas J. Perrelli |
| A-300s, anyone?(Jeffery A. Smisek, executive vice president, corporate, Continental Airlines Inc.) | Law | Brenda Sapino Jeffreys |
| Accidents will happen, but how are they defined? Courts continue to split over whether an intentionality finding should focus on an insured's actions or resulting damages.(Insurance Law) | Law | Alison Hightower, Katrina J. Lee |
| Accord may provide means to stop copycat drugs; under TRIPS Agreement, WTO has more power to pressure countries not in compliance.(Intellectual Property) | Law | Leslie Gladstone Restaino, Katrine A. Levin |
| A court known for balance, intellect; erudition, rather than politics, is the court's order of the day.(Circuit Watch) | Law | Marci Albofer Nussbaum |
| Age discrimination.`. | Law | Jay W. Waks, Jessica L. Zellner |
| A lawyer can turn sleuth to track down a harasser; when nasty, anonymous e-mail disturbs employees, the company's counsel can step in to find and sue distant culprits.(Litigation Technology) | Law | Peter A. Steinmeyer, Sheila Wilson-Freelon |
| A litigator at heart.(Charles W. Matthews, vice president and general counsel, ExxonMobil Corp.) | Law | Brenda Sapino Jeffreys |
| A look at ADR. | Law | John Bickermann |
| A look at mediation. | Law | Mori Irvine |
| An ancient art jazzed by high tech; the storyteller without technology is seen as a bore, not an underdog.(Trial Technology) | Law | Stanley C. Sandstrom, Adam Bloomberg |
| A new concept of 'conception;' Federal Circuit blurs distinction between idea for an invention and its reduction to practice.(Biotechnology) | Law | Vernon M. Winters |
| An HMO tale of Rashomon; courts have read a key health-care decision very differently in last year. | Law | Matthew Morrisey |
| Annual survey of the nation's largest law firms.(The National Law Journal, 2001) | Law | |
| Anthrax vaccine's liability issue; BioPort suits face a difficult road. | Law | Bob Van Voris, Matt Fleischer-Black |
| Antiterrorism measures. | Law | Peter D. Trooboff |
| Antitrust law; intersection with IP. | Law | Janet L. McDavid, Erica S. Mintzer |
| Antitrust law; merger to duopoly. | Law | Melvin A. Schwarz |
| Antitrust law; what impact will Bush have? | Law | Janet L. McDavid, Robert F. Leibenluft |
| Appealing the issue of certification; five circuit courts weigh in on Rule 23(f) allowing for new interlocutory federal appeals.(Class Actions) | Law | Brian C. Newberry |
| Arbitration agreements. | Law | Katherin Nukk-Freeman |
| Arbitration sees victories in U.S. Supreme Court; two recent high court decisions uphold out-of-court process, while a third decision looms.(Corporate Counsel) | Law | Nancy J. Warren, Michael D. Young |
| A shift in fiduciary duties; when a corporation approaches insolvency, its directors owe responsibilities to creditors.(Bankruptcy) | Law | Thomas R. Califano |
| A silver lining for unsecured creditors: the insurers; sometimes nondebtor obligors such as insurance companies may satisfy particular claims.(Litigation Support) | Law | Aaron Cahn |
| 'Atwater' poses issues.(Supreme Court Review)(2000-2001 Term) | Law | Ira Mickenberg |
| A two-decade rise to the top; numbers of female trial attorneys have risen dramatically. | Law | Margaret CroninB Fisk |
| Bankruptcy law; new bill and litigation. | Law | Craig M. Rankin |
| Bankruptcy law; value in .com failure in .com failure. | Law | Craig M. Rankin |
| 'Bayer' highlights debate on research method use; patent won't cover fruit of offshore research not made with the method.(Intellectual Property) | Law | Stephen B. Maebius, Harold C. Wegner |
| Better graphics, lower costs through brainstorming; getting ideas and plans to flow by using a step-by-step process for sharing thoughts.(Trial Technology) | Law | Greg Krehel |
| Better trials through new technology; easels and pointers are giving way to computers, bar codes and other advances in courtroom presentation of evidence.(Litigation Technology) | Law | Brian Ingram |
| Bet-the-company litigation; maters of high-stakes cases weigh in with views on strategy and logistics.(Panel Discussion) | Law | |
| Beware of cookies; do marketers that track a user's online activities threaten privacy?(Internet/E-Commerce) | Law | Mark S. Roth |
| Beyond legal research and into records; law librarians not only help attorneys find cases, but also can support a litigator's document needs before and during trial.(Legal Research) | Law | Beth Chiaiese |
| Biotech material: handle with care; a host of genetically engineered substances are subject to a plethora of federal regulations.(Biotechnology) | Law | Kent Stormer |
| Boundaries of trade dress may soon be realigned; case argued before high court this term could go well beyond 'Wal-Mart' in limiting scope.(Intellectual Property) | Law | William D. Coston, Martin L. Saad |
| Bridge financing can be a salvation or an albatross; companies entering the world of interim loans should take heed of downsides and upsides.(Computer Law)(Computer Law) | Law | Edward M. Zimmerman, Rhonda Carniol, Anthony O. Pergola |
| Business cases; a favorable term.(Supreme Court Review)(2000-2001 Term) | Law | Alan Untereiner, Roy T. Englert Jr. |
| Business crime; computer fraud. | Law | Fraud Cooper |
| Business crime; raising the stakes. | Law | Richard Cooper |
| Business interruption. | Law | Andrew M. Reidy, Robert L. Carter |
| Calif. court nixes comparative bad faith defense; reversing precedent, court rules against apportioning responsibility as in tort cases.(Insurance Law) | Law | Ralph A. Guirgis, Joseph C. Gebara |
| Can EEOC go to court? The Supreme Court is considering whether the commission is bound by an arbitration agreement entered into by an employee.(Employment) | Law | Cal Keith, Julie Sherman Lucht |
| Challenging awards is no simple task; agreements for judicial review of arbitral decisions may be enforceable here, not overseas.(International Disputes) | Law | Thomas J. Brewer |
| China changes Patent Law to comply with TRIPS; law's 2001 amendments are specifically focused on the trade agreement.(Intellectual Property) | Law | Thomas T. Moga |
| Civil relief under the CFAA.(Computer Fraud and Abuse Act) | Law | Nick Akerman, Patricia Finnegan |
| Clinical trial conflicts apply to investigators, too; FDA is scrutinizing physicians, as well as sponsors, with financial interests in testing. | Law | Nina M. Gussack, Karen McDonnell Suddath |
| Clinical trial conflicts apply to investigators, too; FDA is scrutinizing physicians, as well as sponsors, with financial interests in testing.(Intellectual Property) | Law | Nina M. Gussack, Karen McDonnell Duddath |
| Commercial law; revised U.C.C. Art. 9, part 2. | Law | Gerald T. McLaughlin, Neil B. Cohen |
| Competing priorities. | Law | Sanford V. Teplitzky, Leon Rodriguez |
| Compromising a claim for a minor is no small feat; counsel must comply with specific rules when settling actions for clients under 18.(Litigation Support) | Law | Douglas A. Greer |
| Conducting depositions anywhere; Internet technology can keep all parties to a case in touch.(Winning Tools) | Law | Robert L. Berry, Jay M. Jackson |
| Confusion, dilution still the focus of linking cases; in ruling on trademark claims over third-party sites, courts look to business relatedness.(Intellectual Property) | Law | David M. Kelly, Christina J. Hieber |
| Consulting P.R. firms. | Law | David Alden |
| Contentious issues emerge from Title III cases; recent lawsuits underscore the lack of clarity in the standards to be applied in ADA actions.(Litigation Support) | Law | Richard M. Goldstein, Christopher J. Collins |
| Control sales; two recent cases. | Law | John C. Coffee Jr. |
| Corporate compliance. | Law | George J. Terwilliger III |
| Corporate insiders given a 'break' under new rule; Rule 10b5-1 has an 'awareness' test and offers some flexibility and certainty for trading.(Securities Law) | Law | Allan Horwich |
| Court finds no coverage exclusion in bankruptcy; trustee is separate from the corporation; D&O 'insured v. insured' exclusion can't apply.(High-Tech Startups) | Law | John H. Mathias Jr., Timothy W. Burns, Traci M. Braun |
| Court gives new use to 1994 law: trade secrets; Computer Fraud and Abuse Act found to apply to data copied from old employer's computer.(Intellectual Property) | Law | Stephen R. Buckingham |
| Courts grapple with lead-counsel auctions; a number of new decisions address whether lawyers may bid for top spot in class actions.(Class Actions) | Law | Carol V. Gilden |
| Courts tend to limit depositions of high-level execs; if person has no unique knowledge, plaintiffs must use other means.(Defense Litigation) | Law | Jill S. Goldsmith |
| Court takes limited view of broad biotech claims; it has either adopted narrow constructions or found claims invalid.(Intellectual Property) | Law | Christopher J. Harnett, Robert B. Wilson |
| Criminal law; pardon me. | Law | Laurie L. Levenson |
| Criminal law; the fading privilege. | Law | Laurie L. Levenson |
| Cyber gray market is manufacturers' headache; due to fewer hidden costs, practice extends to more varied products.(Internet/E-Commerce) | Law | Perry J. Viscounty, Jeff C. Risher, Collin G. Smyser |
| Days slip by under variety of statutes; an employer faced with a disabled or injured employee needs to consider muriad overlapping regulations and laws.(Labor & Employment) | Law | Charles L. Perry, Richard M. oyed |
| Dealing with religious freedom in the workplace; employees must be able to observe their faith, within limits.(Labor & Employment) | Law | Allen I. Fagin, Jyll A. Lottner |
| DEA moves to ban foods with hemp; industry seeks stay in federal court.(Drug Enforcement Administration) | Law | Michael Ravnitzky |
| Deciding what's 'reasonable;' Americans with Disabilities Act requires employers to wrestle with a slippery legal concept.(Labor & Employment)(U.S. Airways, Inc. v. Barnett) | Law | Robert P. Riordan, Glenn G. Patton |
| Despite it all, rates rose at many firms; most were set early in 2001, before the real downturn of the economy; next year's increases are likely to be more modest.(Billing) | Law | Steve Seidenberg |
| Despite reports, pro bono thrives at some big firms; some firms' hours may decreased, but others have seen hours rise dramatically.(Pro Bono) | Law | Bill McBride |
| Disclosure to testifying experts is discoverable; giving info to witness waives work-product protection, court holds.(Intellectual Property) | Law | Michael S. Connor, Lance A. Lawson |
| Discount health plans: all the rage? As alternative medicine becomes more popular, service providers jump on the bandwagon, although regulators are wary.(Health Care) | Law | Christine Hall |
| Discovery off limits to some counsel; courts may limit access of patent-prosecution attorneys to some data.(Intellectual Property) | Law | Thomas E. Watson, Stephen C. Timmins |
| Divorce and distribution. | Law | Barbara Handschu, Mary K. Kisthardt |
| DMCA faces free speech challenges; Digital Millennium Copyright Act's ban on dissemination of code-cracking technology draws fire.(Intellectual Property) | Law | John E. Ottaviani |
| Docs who exaggerate face claims beyond malpractice; recent cases suggest a trend in which health care providers may be liable under a state's consumer protection statute.(Health Care Law) | Law | William A. Krais |
| Does defamation on Web create liability for ISPs? Cases suggest providers are not liable for the libelous posts of others.(Internet/E-Commerce) | Law | Jeffrey S. Weinstein, Alyssa De Simone |
| Does one size fit all? As e-commerce businesses falter, the flexibility and reach of the Bankruptcy Code is challenged to meet varied needs.(Bankruptcy) | Law | Roger G. Schwartz, Shelley C. Chapman |
| DOJ's most wanted; Bush transition chief gets tons of calls for department's top jobs.(Paul McNulty) | Law | Matthew Morrisey |
| Domestic violence. | Law | Barbara Handschu, Mary K. Kisthardt |
| Drama in the ER spills into the street - literally; federal law gives hospitals an expanded scope of duty to treat emergency patients.(Health Care Law) | Law | James T. Biggs |
| Drawbacks to UDRP hearings; these domain name dispute proceedings don't preempt litigation.(Uniform Dispute Resolution Procedure) | Law | Vernon W. Johnson III |
| Drug name dilemma; a pharmaceutical trademark must pass muster with FDA for safety as well as PTO.(Intellectual Property) | Law | Tracy-Gene G. Durkin, Julie D. Shirk |
| Electronic age poses more challenges for librarians; law libraries in 21st century must collect and preserve print, but digital data too.(Legal Research) | Law | Barbara Bintliff |
| Electronic discovery; Federal Rule 26(a)(1). | Law | Edward A. Rial, Joseph Looby |
| E-litigation; Internet jurisdiction. | Law | Kurt A. Wimmer |
| Employee issues are a top priority.(Deborah Fox, group vice president and general counsel, BTG Inc.) | Law | Maria Shim |
| Employers to spend less time defending in court; union and nonunion disputes will increasingly head toward arbitration.(International Disputes) | Law | Daniel J. O'Hern, John A. Ridley, Karen L. O'Keeffe |
| Employment law; layoff litigation risks. | Law | Garry G. Mathiason |
| Employment law; monitoring employee e-mail. | Law | Michael Starr, Jordan Lippner |
| Employment law; use and misuse of statistics. | Law | Jay W. Waks, Gregory R. Fidlon |
| European Commission tackles computer concerns; initiative is launched to boost network security within the EU.(Internet/E Commerce) | Law | Timothy Baumann |
| European 'passport' liberalizes some investments; transferable securities directive makes investing among nations a bit easier.(Corporate Counsel) | Law | Timothy A. Spangler |
| Even small items may be 'material;' 2d Circuit is the first circuit to endortse SEC's position that qualitative, rather than quantitative factors, should be the test.(Securities Law) | Law | Glen Banks |
| Experts are often used to establish property value; in light of the 'LaSalle' market-scrutiny test, such witnesses are key.(Bankruptcy) | Law | Emil Hirsch, Pamela Parizek, Bill Jennings |
| Extranet capability offers litigation advantages; from the client's perspective, the technology is better, faster and cheaper than other services.(Business of Litigation) | Law | Christopher King |
| Falase Claims Act poses new threats; in three recent cases, the government expanded the act to include kickbacks and referrals that violate health care statutes.(Health Care Law) | Law | Hope S. Foster, Valerie E. Hurt |
| Family law; a federal look at child support. | Law | Barbara Handschu, Mary Kay Kisthazrdt |
| Family law; definiung income for support. | Law | Barbara Handschu, Mary Kay Kisthardt |
| Fear of harm cases on the rise; most state courts have rejected these claims lacking objective evidence of the feared disease.(Defense Litigation) | Law | Daniel J.T Gerber |
| Federal contractors face daunting diversity rules; the new regulations, gpverning affirmative action programs, leave critical terms undefined.(Employment Law) | Law | Rosemary M. Collyer, Rebecca Springer |
| Federal practice; Internet evidence. | Law | Gregory P. Joseph |
| Federal practice; sanctions update II. | Law | Gregory P. Joseph |
| Feeling the knife; budget cuts are affecting many state court. | Law | Lisa Stansky |
| Festo case heads to high court; if a recent trend continues, justices will be less likely to defer to the Federal Circuit.(Intellectual Property) | Law | Patrick J. Glinn |
| 'Festo' opens the door; case sharply limits doctrine of equivalents; designing around patents will now succeed more.(Intellectual Property) | Law | John A. Wasleff, J. Scott Anderson, Bruce J. Rose |
| Fight over auditing coming to an end; insurers drift away from sending lawyers' bills out for review. | Law | Janet Conley |
| File liens with states (for now); 9th Circuit recently held that federal law does not preempt UCC rules for perfecting liens.(Bankruptcy) | Law | Grant T. Stein, Christopher J. Strickland |
| Finding the smoking gun electronically; to be successful, litigators must search for critical data buried in computer hard drives, e-mail and e-business records.(Trial Technology) | Law | Edward A. Rial, Dan Regard |
| Fla. couple face possible big sanction; $500,000 at stake over 'frivolous' suit. | Law | Julie Kay |
| Fla. court in the crosshairs; 'Gore v. Bush' rancor leads to targeting of justices (and trial lawyers. | Law | Claire Cooper |
| Forum selection; preclusion priorities. | Law | Georgene Vairo |
| Freelance ruling sparks quick action; lawsuits start flying after 'Tasini.'(New York Times Co. v. Tasini) | Law | Jonathan Groner |
| From tobacco hazards to auto safety, sites abound; personal injury lawyers turn to the Web not only for legal research, but also for factual investigation and product recalls.(Web Sites for Lawyers) | Law | Robert J. Ambrogi |
| FTC regulates online ads to ensure truthfulness; Commission's new guidelines descruube how existing law applies to advertising on Net.(Computer Law)(Computer Law) | Law | James E. Schatz |
| Gatekeepers of expert testimony; federal courts are taking up the issue of whether amended Rule 702 departs from the meaning of 'Daubert' and 'Kumho Tire'. (Litigation Support) | Law | Kiran Mehta |
| Generic .coms, e-marks still at issue after the fall; although applications have declined with the economy, question of protection is open.(Intellectual Property) | Law | Glenn A. Gundersen |
| Genetically modified foods raise legal issues; bioengineered comestibles face a long chain of regulations, and potential tort claims, as well.(Biotechnology) | Law | Elizabeth S. Weiswasser, Kimberly K. Egan, Kurt G. Calia |
| Getting a visa's half the battle; employers hiring foreign workers with H-1Bs will find a morass of Labor and INS regulations to navigate with great care.(Immigration) | Law | Daniel C. Horne, Sarnata M.B. Reynolds |
| Global review regimes. | Law | Janet L. McDavid, Lynda K. Marshall |
| Going on trial means going high-tech; a litigator's arsenal may now include interactive timelines, 3D programs with pre-made models and bar-coded exhibits.(Trial Technology) | Law | James B. Pepe |
| Grand jury secrecy. | Law | Richard Cooper |
| Graphics shed light on complex IP cases.(Visual Evidence) | Law | Ronald J. Schutz, Nicholas S. Boebel, Alan Treibitz |
| Halting unauthorized access to personal data; private parties use computer crime and wiretapping laws to stop Internet privacy invasions.(Computer Law) | Law | David J. Federbush |
| Health care and ERISA; pre-emption after 'Pegram.' | Law | Edward P. Richards, Thomas R. McLean |
| Health care law; HIPAA rule and employers.(Health Insurance Profitability and Accountability Act of 1996) | Law | Brian Nuterangelo, Susan D. Drake |
| Held up by 'TrafFix;' claiming trade dress for a feature covered by an expired utility patent just got harder.(TrafFix Devices, Inc. v. Marketing Displays, Inc.)(Intellectual Property) | Law | Vincent P. Tassinari |
| Helping jury see the facts with pictures; graphics can be a winning way for lawyers to illuminate evidence and present a cohesive visual story to the factfinder.(Visual Evidence) | Law | David Bruns |
| How do you value intangible assets? Specialists focus on ways of measuring holdings that don't appear on balance sheets.(Intellectual Property) | Law | Russell J. Barron |
| How well do insurance policies cover cyber-risks? Insurers have denied coverage under old policies; specialized new ones may lead to litigation.(High-Tech Start-ups) | Law | Matthew J. Schlesinger, Stephen Goldman |
| Important decision on plant protection is pending; high court will decide if utility patents apply to new sexually reproducing plant varieties.(Biotechnology) | Law | Richard J. Berman |
| Initial interest confusion test: no different online; in Internet cases, courts have required showing of direct competition.(Intellectual Property) | Law | Jamie B. Bischoff, Anne C. Gillespie |
| In personal injury cases, juror questions are crucial; counsel weigh facts in relation to a juror's similar experiences.(Building the Jury) | Law | Patrick A. Salvi |
| Inside the winning side; an NLJ reporter shadowed Barry Richard, George W. Bush's chief litigator. Herein his fly-on-the-wall story. | Law | Peter Aronson |
| Insurers develop new products to cover Web perils; traditional policies may not cover viruses or loss of data.(Internet/E-Commerce) | Law | Robert W. Hammesfahr, Zac Chacon |
| INTA keeps focus on Internet, global issues; association evaluated ICANN's new gTLD, made inroads in China and surveyed foreign law.(International Trademark Association, generic top-level domain names)(Intellectual Property) | Law | Alan C. Drewsen |
| 'Intel' case illustrates the perils of cross-licenses; patent holders should clearly define scope of patent, extent of licenses.(Intellectual Property) | Law | Thomas J. Scott Jr., Kevin T. Duncan |
| Intellectual Property Bankruptcy Act aids licensees; the act can assist those that license technology from bankrupt companies.(Intellectual Property) | Law | Richard M. Cieri, Michelle Morgan Harner |
| Internet law; anonymous speech. | Law | Peter A. Steinmeyer |
| Internet privacy; enforcement actions. | Law | David Medine, Christine Varney |
| Is a federal homestead exemption looming nearby? Even in debtor-friendly states, proposed act may force sale of a home.(Bankruptcy) | Law | Thomas E. McCurnin |
| Is it time to revisit unclean-hands doctrine? The concept is more flexible than the defense of inequitable conduct, which grew out of it.(Intellectual Property) | Law | David C. Doyle, Eric M. Acker |
| ISPs could not rely on immunity in two cases; CDA defense ruled out in trademark case; safe-harbor defense nixed in DMCA case.(internet service providers, Communications Decency Act of 1996, Digital Millennium Copyright Act)(Intellectual Property) | Law | Alan S. Wernick |
| ITC protects against imports that infringe U.S. IP; International Trade Commission has broad injunctive powers.(Intellectual Property) | Law | John G. Flaim, Kimberly F. Rich, Kevin M. O'Brien |
| Judges as critics.(balancing the first amendment and the right of publicity in copyright cases) | Law | Lewis R. Clayton |
| Juries and beyond; trial consultants grow in number and influence. | Law | Trisha Renaud |
| Jurors keenly assess experts' credibility; lawyers try to bolster a jury's perrception of these crucial witnesses.(Trial Technology) | Law | Dorothy K. Kagehiro |
| Jury selection blunders. | Law | Henry G. Miller |
| Keeping the faith, but providing high-quality care; religiously sponsored health systems try to live by long-held values in a secular world.(Health Care) | Law | James C. Geoly |
| Labor law; acquisition of unionized target. | Law | Kenneth R. Dolin, Scott V. Rozmus |
| Latin American dispute resolution: daunting at best; unfamiliarity with civil law and the specter of corruption steer parties to arbitrate, mediate.(International Disputes) | Law | Alberto J. Ordonez, Heidi Schulz |
| Law firm sues litigation-finance firm; sexual assault civil trial underlies the case.(North Carolina) | Law | Gary Young |
| Layoff lessons; companies should provide all pay guaranteed by statute or contract and give notice when appropriate.(High-Tech Startups) | Law | Beverley W. Garofalo, Catherine L. Moreton |
| Lead plaintiff is figurehead no more; Act attempts to carve out a real role for key parties in class actions that have traditionally been dominated by lawyers.(Corporate Counsel) | Law | Susan E. Hurd, Oni A. Holley |
| Litigation budgets can save money; lawsuits are particularly amenable to the process because they have specific and predictable cases.(Business of Litigation) | Law | Edwin W. Duncan |
| Litigation; defending mega-suits. | Law | Barry Richard |
| Litigation; joint defense issues.(Labor & Employment) | Law | David B. Alden |
| Live data keeps case up to date; software stores in active dialog fields and automatically tells counsel of changes.(Winning Tools) | Law | Paul Endress |
| Manual processing of electronic data is outdated; counsel can take advantage of services that convert computer images efficiently and quickly.(Litigation Technology) | Law | Pia L. Potter |
| Many high rollers left high and dry; service providers and equity holders may find themselves at the bottom of the 'food chain' as dot-coms go bankruptcy route.(Bankruptcy) | Law | Jeff J. Marwil, Kenneth J. Ottaviano |
| 'Markman' precedent holds up patents; ruling intended to add predictability and speed fails to do so. | Law | Victoria Slind-Flor |
| Material witnesses. | Law | Laurie Levenson |
| Measuring value in a dot-com world is a dicey job; new economy bankruptcies will involve valuation of intellectual property on a greater scale.(Bankruptcy) | Law | Lawrence P. Gottesman |
| Mentoring programs boost law firm loyalty; often, having a good role model is the most important factor in associate satisfaction.(Careers in the Law) | Law | Deirdre Mullen |
| Mississippi becomes a mecca for tort suits; Fayette, pop. 8,345, is a major venue for diet-drug litigation. | Law | Mark Ballard |
| MIT initiative raises issue of IP rights in academia; does the university strip professors of their ability to protect copyrights?(Intellectual Property) | Law | Paul Coggins |
| Money laundering. | Law | Gregory Baldwin |
| Monitoring of employees still growing; employers seek greater productivity and avoidance of harassment liability; most workers have lost on privacy claims.(Employment Law) | Law | Allison R. Michael, Scott M. Lidman |
| More rules, more risks for high-tech health care sites; recently released privacy standards and anti-referral regs increase liabilities for those operating E-health Web sites, links.(Legal Tech) | Law | Dawn Brewer |
| More sunshine laws proposed; after the Firestone recalls, 10 states and the U.S. Senate introduced bills to limit secret orders, agreements.(Products Liability) | Law | Rebecca A. Womeldorf, William S.D. Cravens |
| New generic top-level domain names coming soon; some of the 7 gTLDs will have a daybreak period that allows mark owners to register first.(Intellectual Property) | Law | Scott J. Pivnick, Joshua S Brownstein, William F. Abrams |
| New prez ... new judicial vacancy fight; GOP, Dems switch roles nin who gets to pick - or block. | Law | Jonathan Ringel |
| New PTO guidelines only say ESTs are protectable; courts must now decide reach of patents for expressed sequence tags.(Intellectual Property) | Law | Elizabeth Howard, William Anthony |
| New PTO guidelines to affect biotech inventions; they address requirements for utility and written description, stress patentability of DNA.(Intellectual Property) | Law | Elizabeth Stotland Weiswasser |
| New rule covers therapies based on cells, tissues; FDA increases its oversight of such therapeutic products by expanding what is covered.(Biotechnology) | Law | Edward John Allera, Theodore M. Sullivan |
| New rules on auditor-client relationships; the SEC has released new independence requirements for auditing firms that perform myriad services for clients.(Corporate Counsel) | Law | Michael Mulligan |
| Noncompetes aren't guaranteed; sometimes the law of one state will override an employment agreement made elsewhere.(Labor & Employment) | Law | Carla Feldman, Jill Westmoreland |
| Nondomestic ADR has its quirks; discovery and motion practice are virtually nonexistent, and parties often use interpreters.(International Disputes) | Law | Richard Chernick, Rufus v. Rhoades |
| Nonprofit biz decisions become state AG's biz, too; growing trrend is for attorneys general to challenge hospital plans to downsize or close.(Health Care) | Law | M ichael W. Peregrine |
| Nursing home discovery yields info treasure trove; when litigating for residents in these facilities, request not only medical records, but administrative ones too.(Health Care) | Law | Byron K. Barclay |
| Occupations count in job bias trials; jurors' work histories are often the crucial factor in determining how they will evaluate cases.(Building the Jury) | Law | M. Frances Ryan |
| Online help for estate and tax planners; practitioners can find a treasure trove of probate material on the Web, including up-to-date trust and elder-law material.(Web Sites for Lawyers) | Law | Robert J. Ambrogi |
| Open-source software raises licensing issues, too; any proprietary use of code meant to be available to all could be a copyright violation.(Intellectual Property) | Law | M. Craig Tyler, J. Wesley Jones |
| OSHA regs die, but issue lives on; despite repeal on ergonomics standard, the topic is still one for employers to watch.(Labor & Employment) | Law | Jerald J. Oppel |
| Patent law; the Amazon ruling. | Law | Paul S. Hunter |
| Patent Law Treaty may lead to global filing system; it will standardize formalities set by national offices, saving costs and simplifying efforts.(Intellectual Property) | Law | Monique A. Morneault |
| Patent law; willful infringement. | Law | John P. Fry, Christopher B. Roblyer |
| Patent Marking Statute may need major overhaul; formal notice provisions put it at odds with laws protecting other IP.(Intellectual Property) | Law | David J. Meyer |
| Perry mason redux, with digital trial technology; the key to lawyers' using the latest tech advances in trying cases is broad-based training at all levels of attorney seniority.(Trial Technology) | Law | Jack M. Stover, Matthew C. Browndorf |
| Plaintiffs' air bag dilemma; auto industry wins child death cases. | Law | Peter Aronson |
| Planning well before voir dire; a nontraditional strategy can be the best way to understand and expose a juror's prejudices.(Building the Jury) | Law | Donald E. Vinson |
| Policy issues could have major impact on industry; privacy, discrimination, IP, research restrictions and reimbursement top the list.(Biotechnology) | Law | John T. Bentivoglio, Martha L. Cochran |
| Posner proposes ERISA plan 'safe harbor' language; judge acts as drafter to give presumption of correctness to administrators' decisions.(Employment Law) | Law | James P. Baker |
| Pride goeth behind a horse; defending Amish who spurn symbol.(Pennsylvania) | Law | Liz Seidlin-Bernstein |
| Prior-bad-acts evidence. | Law | Jeffrey S. Klein, Nicholas J. Pappas |
| Pro bono work is good for business; promoting volunteer efforts strengthens a law firm's ability to attract paying clients, reinforces firm loyalty and instills pride.(Pro Bono) | Law | Esther F. Lardent |
| Process for .biz and .info assigment has limits; a legitimate trademark owner may get both while another gets none.(Intellectual Property) | Law | Jeffrey H. Albright |
| Products liability; status quo in Europe. | Law | Joseph K. Hetrick |
| Proposed Hague Convention would help IP owners; but political wrangling nearly derailed treaty on foreign civil judgments.(Intellectual Property) | Law | Marc E. Hankin |
| Publish or perish; copyright terms for some unpublished works will expire at the end of 2002.(Intellectual Property) | Law | Franklin B. Molin, Jesse E. Busch |
| Rare doctrine voids rights assignment in 'Pilates;' assignment-in-gross principle holds that a mark cannot be sold apart from its goodwill.(Intellectual Property) | Law | Kenneth A. Plevan, Jennifer Li |
| Real-time technology saves time, eases research; final court transcripts can be delievered on printed text, on disk, by e-mail or put on a Web site after court adjourns for the day.(Trial Technology) | Law | William Weber |
| Recent band-name cases raise issues of ownership; two circuits tackled who can use the service marks for 'The Drifters' and 'Steppenwolf.'(Kassbaum v. Steppenwolf Productions, Inc. and Marshak v. Treadwell)(Intellectual Property) | Law | Rod S. Berman, Steven Plotkin |
| Recruiting takes a 'virtual' turn; law firms increasingly screen applicants through online applications, interactive videos.(Careers) | Law | Rami Zajicek |
| Relief in 'Microsoft.' | Law | David Balto |
| Removal traps. | Law | Georgene Vairo |
| Repo man plus.(Alan J. Amico, general counsel and chief privacy officer, PeopleFirst.com) | Law | William Smith |
| Researching an expert's background; law librarians can be an invaluable aid to a litigator in tracking down non-legal information about witnesses before trial.(Legal Research) | Law | Matthew Bird |
| Reverse domain-name hijackers get caught; do two WIPO rulings represent a backlash against overly aggressive trademark holders?(Intellectual Property) | Law | Tim Headley |
| 'Right of review' under UDRP may be illusory; recent case illustrates how foreign mark owners can avoid jurisdiction of U.S. courts.(Uniform Domain Name Dispute Resolution Policy)(Intellectual Property) | Law | David J. Stewart, Angela Payne James |
| Rule 11 sanctions; risks to non-lead counsel. | Law | Barry Richard |
| SEC actions; false financials. | Law | George J. Terwilliger III |
| SEC targets false revenue reports; in its sights are tech companies that failed to observe proper accounting rules.(High-Tech Startups) | Law | Therese D. Pritchard, Therese P> Swanz |
| Securities class actions vary by type of defendant; recent cases against emerging companies often differ from those against older ones.(High-Tech Startups) | Law | Brett J. Williamson, Amy J. Longo |
| Securities law; stock for legal work. | Law | John C. Coffee Jr. |
| Securities law; the SEC's IPO probe. | Law | John C. Coffee Jr. |
| Shift in focus: keeping clients happy; new breed of customer relationship management software allows law firms to quickly access specific info about clients.(Legal Tech) | Law | John S. Lipsey |
| Smoking microchip tells it all; computer forensic experts mine hard drives for data that too-clever users thought long deleted.(Winning Tools) | Law | Sean Barry |
| Split trials skirt privilege dilemma; accused infringers can avert harsh choice between privilege waiver and negative inference.(Intellectual Property) | Law | Joy Arnold, Staci I. Levin |
| Spoliation by oversight. | Law | Michael Starr, Jordan Lippner |
| Standard for scienter. | Law | Glen Banks, Gerard Pecht |
| Standing on uncertain ground to enjoin dilutions; law on whether an exclusive licensee may sue to stop use of a famous mark is still evolving.(Intellectual Property) | Law | Daniel C. Glazer |
| Standouts; litigators from firms big and small made their mark in 2d Circuit.(Circuit Watch) | Law | Steve Seidenberg |
| Strategies of tech business include utility patents; thousands have been flooding PTO with applications claiming rights in business methods.(Legal Tech) | Law | Jennifer A. Albert, Emerson V. Briggs III |
| Substance of story still trumps style; tools may be more sophisticated, but the goal is still the same.(Winning Tools) | Law | Richard Waites |
| Suit over stun belt clears its first bar; celebrity inmate Billy Wayne Sinclair argues his own case.(Louisiana) | Law | Mark Ballard |
| Suits taget 'clean air' gas additive; plaintiffs allege that MTBE is a defective product; defendants say the Clean Air Act preempts this claim.(Products Lliability) | Law | Earl J. Imhoff, William K. Enger |
| Sweet $233 million win goes sour; securities fraud award was big, but try collecting it. | Law | Ritchenya A. Shepherd |
| Taking literal approach one step further; California high court finds indemnification duty doesn't extend to cleanup costs required by agency before filing of suit.(Insurance Law) | Law | Kimberly Amick |
| Taking the bull by the horns at smaller law firms; many associates find that having fewer colleagues can impose greater responsibilities.(Careers in the Law) | Law | Scott H. Strauss, David B. Lieb, Larissa A. Shamraj |
| Taking the paper out of paperwork; IRS and Labor regulations are beginning to evolve toward a greater recognition of electronic records in employee benefits.(Labor & Employment) | Law | Neal S. Schelberg, Robert M. Projansky |
| 'Tasini' leaves issues pending; for example, would a CD-ROM containing an entire work be OK?(Intellectual Property) | Law | Edward T. Colbert |
| Terminate workers carefully; counsel for clients that reduce their work forces must tell them how to minimize risk and liability.(Employment) | Law | Martha L. Lester, Lauren M. Hollender |
| The best defense; the NLJ's top defense wins of 2000; here's our no. 1 pick; Davis Polk'd 'no-witness' tactic saves Peat Marwick. | Law | Margaret Croniin Fisk |
| The DMCA report.(Digital Millennium Copyright Act) | Law | Lewis R. Clayton |
| The 'Good News' ruling.(Supreme Court Review)(2000-2001 Term) | Law | Bernard James, Stephen O'Dell |
| The Hague Conference.(Hague Convention on the Recognition and Enforcement of Foreign Judgments) | Law | Peter Trooboff |
| The Hyde Amendment. | Law | Richard Cooiper |
| The 'new' labor lawyer; the role of an employment litigator has evolved to keep up with diversity laws, technology.(Careers in the Law) | Law | Leslie A. Lajewski |
| The next step in stopping swapping: copyproof CDs; a disc that doesn't play on PCs has already been challenged in court.(Intellectual Property) | Law | Jeffrey H. Albright |
| The 'Wilkow' decision. | Law | Anthony Michael Sabino, Mary Jane C. Sabino |
| Tobacco docs archive revealed; boxes of potentially damaging data arrive each month in N.Y. | Law | Michael Ravnitzky |
| Top gun lawyer is in big trouble; Tony Leonardo faces drug charge in N.Y., and maybe worse. | Law | Janice Bullard Pieterse |
| To register or not: a finder's big dilemma; those who assist emerging companies in getting ninvestors could be subject to certain federal and state securities laws.(possible registration for those who assist emerging companies in identifying private equity investment)(Securities Law) | Law | Victor L. Zimmermann Jr. |
| Trademark law; trade dress. | Law | William Levin |
| Trademarks' landscape can be minefield; traditional ways of clearing and minitoring marks may not be sufficient to keep a client from infringing on rights of others.(Computer Law)(Computer Law) | Law | Donna A. Tobin |
| Trade secrets; inevitable disclosure. | Law | Robert T. Quackenboss |
| Training becomes important step to avoid liability; high court's recent rulings on discrimination and harassment make prevention policy crucial.(Employment Law) | Law | Ellen McLaughlin, Carol Merchasin |
| Transactions carry visa risks; changes in corporate ownership - through mergers, IPOs and other means - are dicey for employers and immigrant workers.(Immigration) | Law | Gregory Siskind, Arda Beskardes |
| Troubadour of the law; '60s singer-turned-lawyer performs again. | Law | Joseph A. Slobodzian |
| United States may join ranks of Madrid Protocol; multiple trademark filings for international protection may soon be a thing of the past.(Intellectual Property) | Law | Keith W. Medansky |
| Used the bat signal lately? Effective class notice should consider not only the members' characteristics but also which media they choose for information.(Litigation Support) | Law | Jeanne Finegan, Karen Read |
| Viewing 'Olmstead .'(discrimination against the handicapped case) | Law | Sanford Teplitzky, John F. Lessner |
| Violations of COPPA continue; most companies don't comply, says one study; FTC has taken action.(Children's Online Privacy Act)(Internet/E-Commerce) | Law | Henry Beck, Victoria Guest |
| Wage & hour cases rise; class actions seeking overtime or other pay pose issues of complaint formality and compliance with FLSA's 'opt-in' feature.(Fair Labor Standards Act of 1938)(Employment Law) | Law | Robert P. Davis |
| Walk-away provisions. | Law | Gordon Schnell |
| Western court had a place in spotlight; besides 'Napster,' it issued several significant decisions.(Circuit Watch) | Law | Paul T. Friedman, Mark Andrew Woodmansee |
| What lawyers earn. | Law | |
| When lawyers whisper but the world can still hear; as wireless communications and e-mail pose security risk to client information, practitions ask, 'what is truly private?'(Computer Law)(Computer Law) | Law | Robert L. Hoegle |
| When ''Markman' hearings need special masters; some judges find them useful when technology at issue is complex.(Intellectual Property) | Law | Peter J. Chassman |
| When search words lead to competing Internet ads; as long as Web surfers are not confused, a banner ad can be keyed to competitor's mark.(Intellectual Property) | Law | Thomas L. Casagrande |
| Where to try a mass tort case; recent Supreme Court case casts a cloud over the continuing viability of non-federal-question class actions in federal court.(Litigation Support) | Law | Joel S. Feldman, Henry Pietrkowski |
| Will architectural works law have a chilling effect? Designers worry that 1990 act will force them to add original elements just to avoid liability.(Intellectual Property) | Law | Robert Greenstreet, Russell A. Klingaman |
| With parties scattered around the globe, settling out of court takes on a greater appeal.(Legal Tech) | Law | F. Peter Phillips |
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