Markmatching: A Legal Primer On Using Trademarks For Contextual Advertising
February 24, 2005
Consider this tempting business scenario: Your e-commerce marketing manager has a new, and effective, method to drive traffic to the company Web site ' purchase your competitors' trademarks as keywords to match Internet users' searches to a "sponsor" listing for your company. The sweet spot of the proposal is that as a sponsor, your listing will appear before all other relevant search results. That will give your company an advantage over competitors. <br>So, do you tell your manager to purchase third-party trademarks as keywords? And how have the courts dealt with this situation in this country and abroad? Most important in advising e-commerce clients, though, is this consideration: How can you reduce risks associated with buying third-party trademarks as keywords?
Pre-Answer Security: Regulatory Protection for Policyholders in an Age of Insecurity
February 24, 2005
When corporate policyholders sue their insurers, the roster of defendants often includes an "unauthorized" insurer, whether it be Lloyd's of London (which is licensed in only two states, though it writes as an eligible surplus lines insurer in some or all of the other states), a London Market Company, or a domestic insurer not licensed to sell insurance in the state where suit was brought. Such insurers have avoided many of the stringent state regulations that govern "authorized" insurers. But in the majority of states, those insurers are subject to a <i>quid pro quo</i> in exchange for enjoying relaxed regulation: Unauthorized insurers (whether foreign or domestic, "eligible" as surplus lines carriers or not) are subject to a pre-Answer security requirement. That is, before they may answer a Complaint against them, unauthorized insurers must post cash, securities, or a bond sufficient to satisfy any judgment that may be entered against them.
Book Review
February 24, 2005
Richard Jacobs, QC, Lorelie S. Masters, and Paul Stanley, <i>"Liability Insurance in International Arbitration — The Bermuda Form"</i> Hart Publishing (2004)It's exciting to find something entirely new and innovative. That's how I feel about the treatise by Richard Jacobs, Lorelie Masters and Paul Stanley, <i>"Liability Insurance in International Arbitration — The Bermuda Form."</i>
The TAP Pharmaceutical Acquittals
February 24, 2005
In 2001, the U.S. Attorney in Boston charged TAP Pharmaceutical Products Inc. (TAP) with conspiring to provide urologists with thousands of free samples of Lupron', for which the doctors billed Medicare and their patients. In order to survive and continue selling its blockbuster product for advanced prostate cancer, TAP made a reasoned decision to pay the government $885 million to resolve both civil and criminal charges. With this resolution, Boston's talented federal prosecutors continued their remarkable success in bringing major pharmaceuticals to their knees and reaching landmark settlements.
Court Watch
January 28, 2005
Highlights of the latest franchising cases from around the country.
New China Franchise Regulation
January 28, 2005
The world's most populous country, China, is opening its door to foreign franchisors, in accordance with its WTO commitments. To accommodate this new reality, the Chinese government has published a new franchise regulation. On Dec. 31, 2004, the Ministry of Commerce ("MOFCOM") published Measures for the Regulation of Commercial Franchise Operations (the "Measures").
News Briefs
January 28, 2005
Highlights of the latest franchising news from around the country.
Malpractice in the Line of Duty: Who Catches the Bullet?
January 28, 2005
A traditional requirement in many sophisticated equipment leasing and financing transactions is the closing opinion, in which an attorney or law firm is requested to opine on a variety of relevant topics, ranging from proper corporate or partnership approval of the transaction in question, to the legality, validity and enforceability of one or more material agreements. Oftentimes, there may be multiple closing opinions issued in respect of the closing, with certain opinions being rendered by internal counsel for one or more of the transaction participants, and another set rendered by external counsel.
Your Future: Is There A Merger There? Are You Going To Follow The Lemmings Or Set Your Own Course?
January 28, 2005
A recent article in the <i>National Law Journal</i> piqued my attention. It hit on a point that many middle market firms must consider too often. The article in the Jan. 10, 2005 issue is titled "Mergers? Not Here Thanks." Many firms not listed as mega-firms are asking the same questions ' should we take an offer to merge with a larger firm? Here are some questions every partner and firm should ask before considering combining with any other firm.
'Get The Coach On The Phone!'
January 28, 2005
No part of a legal education teaches attorneys how to supervise support staff, or their fellow attorneys. The future of any law firm is highly dependent upon a firm's ability to attract, hire, train, and retain the best talent. One of the primary reasons that attorneys leave their places of employment is an unsatisfactory relationship between the lawyer and his or her supervisor. How many of us have watched senior attorneys hold on to aspects of their work that would offer a junior person a great opportunity for development? <br>Coaching can help attorney supervisors assess and evaluate their supervisory style, to determine how to fill voids in their employment management education, to encourage better results from their associates, and to create working teams that best meet clients' needs.
