Domestic Violence: Family Law Attorneys Can Get Caught in the Crossfire
October 14, 2005
Domestic violence probably impacts at least a few, if not several, of the clients you assist each year. In this Special Issue, we focus on some of the problems endemic to domestic violence: the plight of the victim when police protection is inadequate; the consequences to the perpetrator when Family Court issues impact on Criminal Court proceedings, and vice versa; and what can happen to attorneys who get swept up in their clients' problems to become potential victims of violence themselves.
Respond to Recalls: Claims and Defenses
October 05, 2005
Consumers often ignore product manufacturers' recalls of defective products despite manufacturers' best efforts. The unfortunate but inevitable result is that some consumers are injured. A reasonable defense for manufacturers is that the consumer's fault in ignoring the recall negates their liability. The limited authority available, however, indicates that a manufacturer probably will not be completely exonerated from liability. A consumer's failure to respond to a recall, nevertheless, can be raised as a comparative fault defense. This article reviews existing authority and suggests strategies for manufacturers and consumers when this situation occurs.
Looks Can Be Deceiving (and Costly): The Legal Implications of Counterfeit Products to a Pharmaceutical Manufacturer
October 05, 2005
The World Health Organization has estimated that drug counterfeiting affects 5-8% of all drugs, representing approximately $10-$15 billion to the U.S. pharmaceutical market alone. The Food and Drug Administration has estimated that approximately 10% of the drugs in worldwide distribution are counterfeit, with most being sold in developing countries. Not surprisingly, the most commonly counterfeited drugs are those with the largest sales, as well as drugs with high profit margins and drugs that are easier to counterfeit.
Utilizing a Unique Communications Platform: Video Conferencing
October 03, 2005
With so many efficiency-boosting technologies available today to help you manage and grow your law firm, it is sometimes difficult to identify the right ones to implement. Given recent trends, it is abundantly clear that law firms are focusing their investments on technologies that can have the greatest impact on growing their bottom line. Due to its numerous benefits, including significant productivity gains, cost savings and employee safety, video conferencing is at the top of the list.
Business Development: The Ethical Boundaries
October 03, 2005
In recent years, business development has meant different things in different segments of the American legal community. To some attorneys, extensive media campaigns and billboards are the preferred method. To others, in the mass tort context for example, the aggressive pursuit of victims and their families has been all too commonplace. Elsewhere, Web sites and computer chat rooms have supplemented or supplanted the traditional firm brochures and client seminars. <br>In reaction to these trends, a number of jurisdictions have revamped their business development ethics rules in recent years. Unfortunately, the necessarily "one size fits all" approach to explicit rules has led to some curious and counterintuitive results. In states that forbid direct in person contacts with non-clients who aren't lawyers, for example, it may make sense to prevent attorneys from badgering widows and orphans. But these same rules likewise prevent lawyers in such states from telephoning a sophisticated, educated company president.
Net News
October 03, 2005
Court Rules Against KaZaA <br>Internet Oversight Board OKs New Domains
Cases of Note
October 03, 2005
Recent rulings of interest in Internet law. This month:<br>'Click Fraud' Suit Against Google Sent Back to State Court <br>Reverend Falwell Loses Infringement Web Site Claim <br>Mixed Ruling in Illinois-Based Spyware Class Action
Justice Department Conducts International Internet Piracy Sweep
October 03, 2005
The U.S. Department of Justice, led by Attorney General Alberto R. Gonzales, recently announced a far-reaching and aggressive international enforcement action against criminal organizations involved in the illegal online distribution of copyrighted material.