The MLF 50: Highlights
November 30, 2005
The MLF 50 ' The Top 50 Law Firms in Marketing and Communications appeared in a special September/October issue of MLF. Here are some of the highlights of that issue, including mention of the top five firms.
Using Client Profiles for Future Case Management
November 30, 2005
After a rigorous search, which involved input from key firm personnel including our IT director, paralegals, attorneys, senior managing partners, and the Chief Operating Officer, we selected Client Profiles as our case management solution. Since the selection, we have been able to revolutionize the way our users access, share and update information related to all cases and matters; have seen firm-wide adoption of 100%, and are realizing numerous technology-related cost savings and productivity enhancements.
Employee Blogging: What Employers Don't Know Could Hurt Them
November 30, 2005
Technology offers employers significant advantages, but it can be a double-edged sword. Technology has created issues that employers have never dealt with before ' and bases for liability employers have never confronted before.
Courthouse Steps
November 29, 2005
Recently filed cases in entertainment law, straight from the steps of the Los Angeles Superior Court.
GC's New Discovery Role
November 29, 2005
One of the most common complaints from corporations today is that the cost of discovery is simply too high, making compliance with regulatory rules and litigation requests extraordinarily challenging ' and at times even crippling. But corporations can control these skyrocketing costs by taking a more active role in managing and preparing for discovery.
Can The Grokster Settlement Close The File-Sharing Pandora's Box?
November 29, 2005
Last month, Grokster apparently gave up. The P2P filing-sharing service Nov. 7 filed documents with a Los Angeles federal court reporting that it had reached a settlement in its lengthy legal case with the nation's largest record companies, motion picture studios and music publishers, as represented by the Recording Industry Association of America (RIAA). <br>This decision leads many experts to believe that a distributor of P2P technology with a legitimate intent not to infringe others' rights would not be liable for a third-party infringing use of the technology. But despite that perhaps being the case, the Court failed to create a bright-line test to help identify a "clear expression or other affirmative steps taken to foster infringement" which, as Justice Breyer stated in his concurring opinion and as discussed in this article, could have a chilling effect on others creating or advancing file-swapping and other possibly legitimate technologies. Future litigations will necessarily turn on a case-by-case basis not as to the nature of the technology but potentially on the distributors' business plans.
The Chinese Restaurant Menu And Yogi Berra Approach To e-Commerce Contracting
November 29, 2005
e-commerce contracts don't always follow the rules of traditional drafting. Although e-commerce has existed for several years, few attorneys or firms have large bodies of forms from which to draw for drafting e-commerce contracts. Even a leading online contract-forms site, www.onecle.com, which extracts forms from SEC filings, doesn't have a category for e-commerce contracts. (Searching that site by company, however, quickly identifies several e-commerce companies' actual contracts.) <br>The absence of "standard" e-commerce forms should not be surprising to anyone involved in the development of online business over the last decade. The hallmark of e-commerce has been innovation, as entrepreneurs try, and then discard, new business models at a furious pace in their quest for dominance of a new landscape. As a result, many e-commerce contracts are sui generis ' they don't follow a model. Each deal has unique aspects, which must be considered separately and covered by one or more agreements. If the drafter wants to protect his or her interests adequately, then the form of a traditional agreement should not dictate the content of an e-commerce contract.
Fraudulent Rent Registrations
November 29, 2005
Last month's issue analyzed the Court of Appeals' determination in <i>Thornton v. Baron</i>, invalidating the illusory tenancies. This month, we focus on the court's computation of rent due.
The Right To Copy ' and Use ' Unprotected Product Designs Is Alive And Well
November 29, 2005
The Seventh Circuit has reaffirmed a competitor's right to copy and use unprotected product designs ' and clarified the ability to do so without violating the Lanham Act for "passing off" or trade dress infringement. <i>Bretford Mfg., Inc. v. Smith System Mfg., Corp.</i> This article examines the legal precedent behind the right to copy and use unprotected product designs in the context of this case, and provide analysis of its impact.
