What's New in the Law
January 27, 2012
Highlights of the latest equipment leasing cases from around the country.
Bankruptcy Preferences: They Haven't Gone Away
January 27, 2012
A recent case, <i>O&G Leasing, LLC v. First Security Bank</i> provides a timely reminder to lenders that the power to avoid preferences remains a potent and oft-used weapon in the trustee's arsenal.
FCPA Investigation Costs ' Are You Covered?
December 28, 2011
The enormous size of the FCPA enforcement actions settlements as well as the outsized cost of investigating and defending FCPA actions has led the insurance industry to offer new FCPA insurance products, which are intended to offset the FCPA investigation and settlement costs. These products, however, should be reviewed carefully by the companies to determine their utility in light of the companies' FCPA exposure, existing insurance, and, of course, cost.
Learned Treatises, Cross-Examination and the Hearsay Exception
December 28, 2011
In last month's newsletter, we looked at the development of statutory and case law surrounding the admission of learned treatises, such as medical books, textbooks and practice guidelines, in medical malpractice cases. Although everyone knows that these documents must be authenticated before they may be admitted into evidence as proof of the facts contained therein, the question remains whether the learned treatise doctrine permits cross-examination with a learned text absent prior authentication as to that source's reliability.
Digital Marketing Under Attack
December 27, 2011
The convergence of media and technology continues to change the way we communicate, consume media and engage in commercial transactions. Marketers have been among the greatest digital media innovators and the medium has evolved as largely advertiser supported. That business model is under attack by consumer groups that argue that marketers are unfairly invading consumers' privacy and confusing consumers as to the nature and origin of commercial messages.
'You're Fired!'
December 27, 2011
A future observer of the reality shows that seem to be the only thing on television today might think that people of the 21st century lived to fire people. But people forced to do the same task in business find no such joy in having to dismiss a business leader, especially when the person being dismissed is the founder of the company ' the visionary who built it from scratch.
Right-of-Publicity Claims and Advertiser Sponsored User-Generated Content Campaigns
December 27, 2011
This article concentrates on the scope of Communications Decency Act(CDA) immunity advertisers that operate user-generated content (UGC) campaigns may enjoy, limitations of the CDA in protecting against these claims and ways to structure UGC campaigns to minimize the risk of liability arising from unauthorized use of individuals' name, likeness and other personal attributes possibly included in UGC submitted as part of a sponsored UGC campaign.
Case Briefs
December 21, 2011
Highlights of the latest insurance cases from around the country.
