Thank you for sharing!

Your article was successfully shared with the contacts you provided.
Law firms raise a shield of language Illinois personal injury lawyer Evan Schaeffer has done a study of long legal disclaimers on law firm Web sites. These are the warnings used to protect the firms from all manner of attacks by visitors. He invites us to imagine the aging partners of the most prestigious law firms-squirming. “It’s scary to think their firms might be venturing into the wilderness of the Internet completely naked,” says Schaeffer. Some of the armor: Chicago-based Mayer, Brown, Rowe & Maw’s version of an ironclad legal disclaimer tips the scale at more than 4,000 words, with numbered subparts. Hartford, Conn.’s Updike, Kelly & Spellacy disclaims “incidental, special, consequential, exemplary, multiple or other direct damages.” Orrick, Herrington & Sutcliffe includes an arbitration clause. Morgan, Lewis & Bockius disclaims any visitor who is a child under 13. Sidley Austin Brown & Wood disclaims the poor, at least those with pro bono requests. Is there an alternative to what looks, well, a little paranoid? Davis Polk & Wardwell of New York seems to think so, saying only, “The information on this site does not convey legal advice of any kind.” A legal theory to cover new areas Tennessee banker Terri Carlin may have dropped her proposed suit against MTV over Janet Jackson’s bared breast during the Super Bowl, but her legal theory-an implied contract between all of us and the networks-is a live issue with trademark lawyers. TV execs might find they love the concept, says Martin Schwimmer of New York. “Say, everyone watching has an implied contract not to use Tivo to skip commercials.” James Tyre of Culver City, Calif., came up with a contest to name the theory. Among the suggestions: BlinkWrap Contract, StareMaster Agreement, Habeas Corneas, Depends Clause and Contract of ADhesion. Slow sales Treasures from the estate of legendary Louisiana federal Judge John Minor Wisdom are showing up on eBay in time for Mardi Gras, which runs late this year. So apparently do the bids. Wisdom was 93 when he died in 1999. Last July, much of his collection of silver doubloons and other Carnival tokens was auctioned by the family. But the market isn’t hot, judging from the online action. A seller appears to be getting no bites on an ornate 1901 invitation in great condition with dance card and attached pencil, available outright for $1,200. With three days remaining, it hadn’t brought in the starting bid, $699. Wine country guy “My Christmas gifts are better than those most lawyers give you,” said Sblend A. Sblendorio, a grape-growing lawyer who practices commercial law with Hoge, Fenton, Jones & Appel in central California’s wine country. He grows Zinfandels (his favorite), Petite Syrahs and Chardonnays on seven acres, and he served as president of the Livermore Valley Winegrowers Association. The grapes pay for themselves with a small profit, he said. The wine-making he leaves to others. “I’m a farmer at heart,” said Sblendorio. “We have family with vineyards in Italy, and I grew up on a fruit farm in Orange County.” So how is grape-growing like lawyering? Building relationships is important, he said; without trust in the person you’re dealing with, the world’s best-written contract doesn’t matter. How’s it different? “Lawyers don’t know how to market themselves, sometimes don’t even want to know,” he said. “But if you’re growing grapes, you have to get that product before the consumer and explain why you’re special.”

This content has been archived. It is available exclusively through our partner LexisNexis®.

To view this content, please continue to Lexis Advance®.

Not a Lexis Advance® Subscriber? Subscribe Now

Why am I seeing this?

LexisNexis® is now the exclusive third party online distributor of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® customers will be able to access and use ALM's content by subscribing to the LexisNexis® services via Lexis Advance®. This includes content from the National Law Journal®, The American Lawyer®, Law Technology News®, The New York Law Journal® and Corporate Counsel®, as well as ALM's other newspapers, directories, legal treatises, published and unpublished court opinions, and other sources of legal information.

ALM's content plays a significant role in your work and research, and now through this alliance LexisNexis® will bring you access to an even more comprehensive collection of legal content.

For questions call 1-877-256-2472 or contact us at [email protected]


ALM Legal Publication Newsletters

Sign Up Today and Never Miss Another Story.

As part of your digital membership, you can sign up for an unlimited number of a wide range of complimentary newsletters. Visit your My Account page to make your selections. Get the timely legal news and critical analysis you cannot afford to miss. Tailored just for you. In your inbox. Every day.

Copyright © 2020 ALM Media Properties, LLC. All Rights Reserved.