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.
A Look Back at <i>New Kids on the Block</i> : Ninth Circuit Expands the Nominative Fair Use Doctrine
October 01, 2003
Trademark fair use under the common law and '33(b)(4) of the Lanham Act has long permitted a defendant to use terms descriptively to refer to the defendant's own product or service; in contrast, the doctrine of nominative fair use permits a defendant to use a plaintiff's mark to describe the plaintiff's product or service. Unlike the common law and statutory fair use defense, the nominative fair use doctrine is a judicially created defense of relatively recent vintage. Prior to the development of the nominative fair use defense, courts occasionally declined to enjoin the copying of nondescriptive marks used to refer to the plaintiff's products or services, however, a true doctrinal basis for that result was not expressly articulated until New Kids on the <i>Block v. News America Publishing, Inc.</i>, 971 F.2d 302 (9th Cir. 1992).
Media Tips for Bankruptcy Lawyers
October 01, 2003
Is it safe to put your reputation in the hands of a reporter you do not know and have no reason to trust? Yes, but only if you follow the rules. Whether you are on the debtor or creditor side, following the rules will have you quoted often in the media, because reporters will know you are a good source for their bankruptcy-related stories.
Web Watch: A Supreme Collection of High Court Resources
September 01, 2003
One controversy not on the Supreme Court's agenda when it begins its new term the first Monday in October is the legality of downloading MP3s. Too bad. Had it been, you could have downloaded the oral arguments in this popular audio file-sharing format
Responding to SARS
August 27, 2003
But for the war in Iraq, the outbreak of SARS would undoubtedly have been the lead news story for the first half of 2003. Thousands of people have been infected to date, and there have been a number of fatalities from this new illness. It is apparently highly contagious (under at least some circumstances) and potentially deadly.
Protecting Against Defamation Claims From Docudrama Productions
August 26, 2003
Producers are rushing to meet the public's demand for reality content. This content includes film and TV productions based on the lives of real people. But there are pitfalls in producing 'biopics' or 'docudramas.' By their very nature, concocted scenes and contrived dialogue inherent in these types of productions may give rise to liability. In fact, there have been a growing number of civil actions or claims made concerning the manner in which certain parties have been portrayed.
Managing Fiscal Fundamentals
August 13, 2003
In Part One, the author introduced the overall challenge of fiscal management in a law firm, and explained key metrics for understanding cash flow, cash gaps and revenue (collected fee receipts). This article's explanation of key performance metrics for law firms continues with measures for productivity, pricing and profit margin. We'll conclude with a brief discussion on where to focus in addressing profitability concerns, plus a few general comments on the effective use of numerical results in the larger context of organizational management.
Excuses, Excuses: FTC's Top Franchise Enforcer Has Heard It All
August 01, 2003
Steven Toporoff is the Franchise Program Coordinator at the Federal Trade Commission (FTC), and one of the key people working on Franchise Rule enforcement. At the International Franchise Association (IFA) Legal Symposium in May 2003, Mr. Toporoff provided an update on federal regulatory developments and shared insights about how franchise enforcers go about their work. He also compiled the following list of excuses that he and fellow examiners hear from franchisors and their legal representatives. As Mr. Toporoff observed, "franchise attorneys should know better.
Cameo Clips
August 01, 2003
Recent cases in entertainment law.
