AROUND THE FIRMS
October 02, 2003
Former Attorney Cannot Sue Counsel Who Takes Over a Case. US District Judge Berle M. Schiller of the Eastern District of Pennsylvania presented a seven-page opinion declaring that because a lawyer's withdrawal from a case severs the attorney-client relationship, an attorney who then assumes the case and obtains a settlement cannot be subjected to a lawsuit for part of the fee; nor can the new attorney be sued for intervention in the former lawyer's relationship. Frederick v. Davitt, No. 02-8263. Also, after discovering their contingent fee agreement's ubiquitously worded arbitration clause, which called for any fee debate's mediation, Judge Schiller dismissed the former attorneys' claims against the client.
Time to Reflect and Plan
October 02, 2003
Management teams in law firms have a big job ahead. Namely, staying ahead of the competition, providing value added to clients, identifying team leaders and providing appropriate training for those leaders, assessing current service offerings and building differentiation into those offerings. In sum, there is a lot on management teams' plates, to say the least.
Partner Evaluations Improve Firm Performance
October 02, 2003
Associates and partners have different attitudes about certain things. One is regarding evaluations. Associates generally want feedback and evaluations on their work and performance. In fact, they usually complain if they are not receiving them. On the other hand, partners in many firms resist or even resent being evaluated, although it's often the initial step in determining a partner's compensation.
Just A Joke: The Parody Defense In Domain Name Cases
October 02, 2003
When should a third party be able to incorporate a trademark in a domain name as a form of parody? Historically the question of parody has more often been raised in copyright infringement cases where the defendant concedes that he has used a copyrighted work, but has done so in order to make a social criticism or comment. Generally courts will examine such claims by looking at whether the amount of the copyrighted work taken was no more than necessary to conjure up the original in the mind of the targeted audience and whether the parody was commenting on the copyrighted work or merely using the creativity of another to make a statement about some unrelated topic or issue. <i>See eg, Elsmere Music, Inc v. National Broadcasting Co.</i>, 482 F. Supp. 741, 747 (S.D.N.Y. 1980), aff'd, 623 F.2d 252 (2d Cir. 1980) (finding Saturday Night Live's use of 'I Love Sodom' to be protected parody of 'I Love New York').
Selecting a Winning Web Hosting Relationship
October 01, 2003
Ultimately, the success or failure of an e-commerce Web site is determined by how carefully its owners select a hosting provider. <BR>With thousands of hosting firms from which to choose, hosting-services consumers often learn the hard way that they should have been wary - by experiencing poor service and performance, unforeseen costs and, the ultimate risk, failure or unadvertised acquisition of their hosting provider.
The Seven Deadly Sins of e-Mail
October 01, 2003
We've all heard horror stories about e-mails that have become trial exhibits - blown up on giant placards or projected on a large screen in front of a jury. The earnest words your client typed in private suddenly take on unforeseen importance when, months or years later, a dispute develops and a trial is held. Like a major league pitcher who releases a hanging curveball to the reigning home-run champ, your client would probably like to "take back" an e-mail that bashes a client, admits incompetence or pitches pent-up emotions in a cathartic rage. <BR>We need not, however, simply succumb to the temptation of e-mail. e-Mail mistakes can be avoided. Clients just need to be educated on how to prevent e-mail mistakes. Although common sense can't be taught, several specific types of e-mailing behavior should be avoided. E-mailers commit what we'll call here the Seven Deadly Sins of e-Mail. While it's unlikely we'll all steer completely clear of these sins, all e-mailers should make every effort to avoid committing the Seven Deadly Sins.
An Unexpected Evidentiary Battleground: The 'Causation' Element in Consumer Protection Claims
October 01, 2003
Ordinarily, the focus in a product liability case is on the defendant-manufacturer's duty to design and manufacture a safe and useful product and to warn adequately of any risks associated with its use. But an interesting and unexpected battleground can arise from a tag-a-along consumer protection claim. Here is the scenario: Plaintiff, in an individual action, sues defendant-manufacturer for injuries allegedly sustained in connection with the use of defendant's product. Plaintiff sues under traditional product liability theories as well as under the state's consumer protection statute, which proscribes deceptive and misleading trade practices. In particular, plaintiff alleges a consumer fraud has occurred because she has been injured by a product that, she claims, had been sold in connection with deceptive sales practices; in this case, certain allegedly false or misleading advertisements.
HIPAA: Data Trade Prosecutions on the Horizon?
October 01, 2003
Mention HIPAA (the Health Insurance Portability and Accountability Act) to a typical CEO, and boredom sets in. Many corporate leaders remain unaware of the risks of HIPAA non-compliance, but the Act includes a criminal statute that creates vast potential exposure for health care providers and other players in the health care "data trade."
Bit Parts
October 01, 2003
Recent developments in entertainment law.
