Can You Get an Impartial Jury in the Age of Tort Reform?
April 28, 2005
In recent years, during <i>voir dire</i>, plaintiffs in medical malpractice cases have sought to ask jurors about their attitudes regarding "tort reform" and the so-called "medical malpractice crisis." These efforts have increased as those issues have moved to the political front burner, receiving considerable media coverage. Only a few courts have considered the validity of such questions, but of those that have, plaintiffs generally have been permitted to inquire as to a potential juror's views on those issues, though some courts have limited the line of questioning.
Spammers Should Know Their Source
April 28, 2005
Spam is a cost-effective and lawful marketing tool. Just consider: A spammer can send an e-mail advertisement to 1 million people for only $100. <br>So, fortunately for many spammers, the CAN-SPAM Act of 2003 allows the use of unsolicited commercial e-mail. But to avoid legal difficulties, those who use spam should consider doing more than simply the basics ' more active business planning, and legal defensiveness, than just hurtling spam into the ether. In particular, it's a good idea for anyone sending bulk commercial e-mail to establish an appropriate chain of title for target list databases acquired.
Developments of Note
April 28, 2005
Recent developments in e-commerce law and in the e-commerce industry.
Copy Control
April 28, 2005
When Static Control Components Inc., a small, family-owned printing-supply business, was sued under the Digital Millennium Copyright Act (DMCA), Seth Greenstein was surprised. The 49-year-old partner in the Washington, DC, office of Chicago's McDermott Will & Emery thought he had the DMCA down cold. Still, it took him nearly a year to get an injunction against the company lifted.
Can Electronic Information Be Kept Secret?
April 28, 2005
The term electronic secret isn't an oxymoron, but lately, it does seem that storing data digitally is incompatible with keeping that data confidential. <br>While victims of the disclosure of personal information may have concealed past security flaws, California's path-blazing law requiring disclosure of releases of personal information has forced public announcement of many recent incidents. While that law was once a seemingly onerous exception, calls for similar laws have spread among the states and in Washington, DC.
Enabling IP Securitization By Improving Cash Flow Predictability
April 01, 2005
As the paradigm of corporate value continues to shift from tools and machinery to ideas and innovation, there is an increasing drive to identify new and innovative ways to monetize that value. With more than two-thirds of the S&P 500 market capitalization coming from intangible assets, traditional monetization methods such as the sale, licensing, donation, and enforcement of intellectual property rights are evolving as innovative intellectual property managers and investment professionals look for ways to leverage some of that value. One such approach is the securitization of the royalty streams associated with intellectual property assets.
Come 'Hell or High Water' NorVergence Causing a Stir over Documentation
April 01, 2005
So-called "hell or high water," "waiver of defense" and lessor favorable "submission to jurisdiction" clauses have long been cornerstones of equipment finance documentation. But, the unfolding debacle over the last year involving a company called NorVergence has cast an unfavorable light on these important provisions and, in doing so, entangled most of the top players in the leasing industry.
Second Annual Best of Visual Identity Innovators
March 30, 2005
Once again this year Marketing The Law Firm is presenting its Best of Visual Identity Innovators. This competition was open only to law firms of all sizes. The graphic design firm or those responsible for the creative side of the project receive "honorable mention."
