Tort Liability of Out-of-Possession Landlords
May 24, 2004
<i>Ingargiola v. Waheguru Management, Inc.</i>, decided recently by the Second Department, revisited a question that has long engendered confusion in the New York courts: What liability does a landlord bear for personal injuries suffered in leased premises? <i>Ingargiola</i> also presented a related question: What steps can a landlord take to reduce exposure for any liability the landlord would otherwise bear? This article explores those issues.
Getting Wired: Niche Alternatives for Distributing Your Firm's News
April 01, 2004
These are questions many industries have been asking themselves about the larger wires, and the legal world is starting to as well. The large wire services definitely have their place in the world of media relations. But, let's face it, you're not Microsoft. And, the legal news business can be a small world. There are only so many legal trades. In the wider media universe, most reporters and editors do not go to the big wires looking for story ideas or sources. In general, those releases issued on the big wires spin a corporate message, and are too processed to be of assistance to a reporter covering a particular legal issue. So, if the larger wires won't get you the media attention you want, what will?
Courthouse Steps
April 01, 2004
Recently filed cases in entertainment law, straight from the steps of the Los Angeles Superior Court.
DMCA Abuse?
March 01, 2004
After someone electronically lifted embarrassing e-mails from Diebold Inc. and posted them online, the company responded with a tactic that more and more companies are using to put a lid on Internet distribution of sensitive information: Diebold sent cease-and-desist notices to organizations hosting Web sites and forums that had published, or even linked, to the e-mails. The messages portrayed participants in Diebold's electronic voting business confirming their critics' worst nightmares about security vulnerabilities. Information may want to be free. But specialists say that sending such notices under the 5-year-old DMCA succeeds, in the vast majority of cases, in promptly curtailing online distribution. The technique is so effective, critics contend, that it is often abused in situations where no copyright protection applies or ' as with the Diebold case ' there would be a strong fair use defense.
Recognizing and Managing Serial Litigation
March 01, 2004
Among the challenges facing product manufacturers in the 21st century are recognizing and managing the legal threat posed by multiple, individual product liability lawsuits in multiple jurisdictions.
FTC Approves 'Merger to Monopoly' in Innovation Market
February 10, 2004
The intersection of intellectual property and antitrust has been the subject of much fanfare over the past decade. The antitrust agencies have held numerous workshops where enforcement officials and practitioners have debated the scope and limitations of antitrust when such principles intersect with IP rights. The most notable work product generated as a result of this focus has been the 1995 Guidelines setting forth antitrust policy for the Licensing of Intellectual Property issued by the Department of Justice (DOJ) and the Federal Trade Commission (FTC).
Same-Sex Spouses in MA: The Effect on Employee Benefits
February 01, 2004
The news lately has been filled with stories about the Massachusetts Supreme Judicial Court's ruling that a law banning same-sex marriages is unconstitutional. The ruling has a 180-day delayed effective date. Employers should begin to examine their benefit programs, as well as their policies and procedures, to determine what impact this ruling may have on their employee benefit plans.
