Is a Web Site's Look and Feel Protected?
September 28, 2010
In recent years, a growing debate has emerged over whether the overall look and feel of a Web site can be protected. To be sure, online content, videos, and other media are copyrightable, but the law remains unsettled when it comes to using trademark law to protect a site's distinctive interface and design elements. This article discusses trade dress generally, the issue of copyright preemption, and recent decisions that have wrestled with the issue of Web site trade dress infringement.
Prognostication Is a Mug's Game
August 31, 2010
What are reasonable assumptions about the future of the legal profession in this dynamic society? Here, we can surmise ' if not predict ' a future by extrapolating two things from the past.
Discovery and 'Non-Egregious' Marital Fault
August 27, 2010
Even as no-fault divorce legislation in the State of New York has been signed into law, matrimonial practitioners continue to deal with the vestiges of fault-based litigation.
Prognostication Is a Mug's Game
August 27, 2010
Because of the disconnect between professionals and marketers, many firm marketers are inhibited from innovating. Perhaps time and competition will temper this situation.
'There's No Longer a Fit'
August 27, 2010
Unlike the effective handling of associates' terminations, many firms do not have standardized policies and procedures in place for terminating partners.
Mentoring: A Win-Win-Win
August 27, 2010
An all-inclusive mentoring program increases work quality and productivity as well as creating a sense of community and an effective learning environment.
All That Twitters Is Not Gold
August 27, 2010
No one should be shocked to learn that false or misleading statements on a social networking site or blog are often likely to be deemed unethical. Surprisingly, though, even truthful statements have led to negative repercussions for at least one attorney...
Leadership Training Is an Oxymoron
August 26, 2010
Leadership development is about learning, not training. Your firm's future leaders must be given the opportunities, tools, and motivation to develop their leadership.
Policing Workplace e-Mail Use
August 26, 2010
On-the-job Internet surfing has become a problem that employers can no longer ignore. A recent Office of Inspector General investigation, for example, revealed that senior-level SEC staff, including an attorney, used their workplace computers to view online pornography for up to eight hours per day during the period of time that led this country's biggest economic meltdown since the Great Depression.
Court Watch
August 25, 2010
Highlights of the latest franchising cases from around the country.
