Net News
April 28, 2005
Recent developments of note in the Internet industry. This month:<p>Music Industry Expands Piracy Lawsuits to Asia <br>Senators Eschew Historical Tax for Internet <br>Lawmakers Introduce Bill to Extend Internet Tax Ban<br>Congress Moving to Tackle Spyware Problem<br>Judge Sentences Spammer to 9 Years
Stakes Rise As U.S. Supreme Court Hears Downloading Showdown
April 28, 2005
The Supreme Court appeared wary on March 29th of punishing peer-to-peer downloading services like Grokster for copyright violation, in spite of arguments by a lawyer for the recording and movie industries that they amount to "a gigantic infringement machine." <br>An hour of spirited oral arguments in the case <i>MGM Studios Inc. v. Grokster Ltd.</i>, played out before a courtroom packed with intellectual property lawyers and entertainment industry representatives.
Mass Transfers and Tenant Chain Sales: Advice for Landlords
April 28, 2005
The rumor that the retailing giant, Target Stores, may be taking over one of Canada's oldest and most venerable department store retailers, the 334-year-old Hudson's Bay Company ("The Bay"), and/or its junior department store discount division, Zellers, has left many Canadian landlords scrambling to review their leases in order to ascertain their rights. Many landlords will find that Target may be able to slip into The Bay's shoes without the necessity of having to obtain the landlords' consent to the transaction. Target's entry into Canada may prove to be as seamless and effortless as Wal-Mart's successful entry into the Canadian market a decade ago through its subleasing of stores from F.W. Woolworth & Company, a feat that was achieved for the most part without the necessity of landlord consent.
A Bird's-eye View Of e-Discovery
April 28, 2005
Law firms are often faced with the dilemma of deciding how to collect, process and review discovery documents associated with major litigation. Discovery now typically includes the review of hard copies as well as "soft" copies of electronic media files in a variety of formats. It can get so complicated that attorneys sometimes feel they must conduct full discovery just to find out how to manage their discovery efforts.
Electronic Data Discovery: It's All About Access
April 28, 2005
More often than not, elements of corporate investigations and legal proceedings come to an abrupt halt because archived electronic files can't be accessed. But thanks to the latest generation of restoration software applications, access can now be gained to virtually all archived electronic files. This new level of access is having a tremendous impact on litigation and corporate record-keeping.
Horn v. Thoratec: FDA's Bold New Position on the Pre-emptive Effect of Product Approvals
April 28, 2005
By and large, the FDA has confined its participation to cases where it had specifically considered — and rejected — the plaintiffs' claims that a product's labeling or advertising should have included different language from that which was used. <i>See</i> Daniel E. Troy, <i>FDA Involvement in Product Liability Lawsuits,</i> Update: Food & Drug. L., Reg. & Educ. (Food & Drug Law Inst., Wash., D.C.), Jan./Feb. 2003, at 1. In 2004, however, the FDA submitted a brief in a state products liability action that signals the agency's willingness to be much more aggressive in protecting its jurisdiction from lay judge and jury determinations concerning a product's risk-benefit balance that conflict with the FDA's own determination of where that balance lies. <i>See Br. of Amicus Curiae U.S. Dep't of Justice, Horn v. Thoratec Corp.</i>, 376 F.3d 163 (3d Cir. 2004) (No. 02-4597) ("FDA Br.").
Patent Licenses That Restrain Price: New Wrinkles and Old Doctrine
April 01, 2005
Price fixing arrangements have been held to be clear violations of the antitrust laws for many years. <i>United States v. Socony-Vacuum Oil Co.</i>, 310 U.S. 150, 223 (1940) ("Under the Sherman Act a combination formed for the purpose and with the effect of raising, depressing, fixing, pegging, or stabilizing the price of a commodity in interstate or foreign commerce is illegal <i>per se</i>"). Whether a creative patent license agreement that impacts price constitutes a price fixing arrangement is, however, often less than clear. This article discusses the Supreme Court and Courts of Appeals cases that set the stage for the types of patent licensing arrangements that will be seen as price fixing, and provides an overview of the Department of Justice's take on patent licensing arrangements and how it will scrutinize such arrangements under the antitrust laws. Finally, this article reviews recent case law discussing the intersection of patent and antitrust law.
What Class Action Reform Means to the Franchising Industry
April 01, 2005
Franchise attorneys say that the new federal Class Action Fairness Act of 2005 ("CAFA") will be beneficial to franchisors, but they do not predict that the new law means the end of class action litigation between franchisors and franchisees, nor by consumers or employees against franchise systems. In fact, some attorneys suggest that CAFA might result in more litigation, as plaintiffs file lawsuits in individual states rather than seeking national class action status through a case brought before a state court.
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."
