<i>Tiffany v. eBay</i>
August 28, 2008
The recent decision in <i>Tiffany v. eBay</i> is a well-considered exploration for finding secondary e-marketplace liability for facilitating infringing sale of goods without selling a product, and for the marketplace maker to avoid infringement liability for sellers on its site.
Does a Patch Need to Match?
August 28, 2008
Property insurance policies typically require repair and replacement of damaged property to be made with "like kind and construction" as the original. Occasionally, a policy will include another phrase that is similar to "like kind and construction," such as "like kind and quality" or "like construction and use." How to interpret such phrases, including how far an insurer must go to maintain the design and aesthetics of the pre-loss property, is an important issue in the claims process.
Wine Online
August 28, 2008
Now can I ship wine to out-of-state consumers? That's what people at wineries, and even retailers, have been asking e-commerce counsel since the Supreme Court decided <i>Granholm v. Heald</i>, which struck down wine-shipping regulations in Michigan and New York as discriminatory under the Dormant Commerce Clause. There are at least 50 answers to the question.
How to Avoid the Franchise Surprise
August 28, 2008
In many states, the statutory definition of "franchise" has been, and could be, construed broadly to include relationships between brand owners and their trademark licensees, even though neither party intended to create a franchise relationship. Brand owners can only avoid the franchise surprise if they know the rules of the game.
Becoming a Law Firm Partner
August 28, 2008
Interviews with senior associates and individuals in their first or second year of partnership (particularly equity partnership) reveal that they frequently face a number of surprises ' even shocks ' when they enter their new, long-desired status. Here's what to do about it.
Developing a Coordinated Corporate Social Responsibility Program
August 28, 2008
Last month, the author discussed what a corporate social responsibility (CSR) program entails and how the key to creating a successful CSR program is to establish stakeholder value across the board. This followup article explains the seven steps to be taken in establishing such a coordinated CSR program.
Legal Sales & Service: Process Improvement for Law Firms
August 28, 2008
The marketing and business development department exists to serve ' we are the service arm of a service business. Our clients are both internal (the firm) and external (the firm's clients). The things we do and they way we do them affect ourselves, the firm and our clients, so we must care about our processes."
