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July 16, 2009 |

One Rogue Worker Can Take an Entire Company Down

In January, the 2nd Circuit affirmed the conviction of Ionia Management for the criminal acts of its nonmanagement employees. What set this appeal apart was that Ionia, along with several amici curiae, argued that the court should revisit its long-standing rule that a company can be held criminally liable for any criminal acts of even its low-level employees. The case has sparked a review of the appropriateness of respondent superior criminal liability, say attorneys Stanley A. Twardy Jr. and Daniel E. Wenner.
9 minute read
August 15, 2011 |

Idea-theft claimants get a ghost of a chance

In a blow to Hollywood, 9th Circuit finds no Copyright Act pre-emption of implied-contract claim.
8 minute read
July 01, 2002 |

White-Collar Crime

S hortly before announcing its verdict in the Arthur Andersen obstruction of justice trial last month, the jurors presented District Judge Melinda Harmon with the perplexing question of whether they had to be unanimous as to which Andersen employee acted with corrupt intent in obstructing the SEC investigation into the collapse of the Enron Corp. Because, as indicated on the special verdict form, the jury ultimately reached a unanimous decision on the identity of the corrupt actor, Judge Harmon`s decision t
12 minute read
July 05, 2007 |

Preparing for a Rule 30(b) Deposition

Daniel A. Cohen, a partner at Kornstein Veisz Wexler & Pollard, writes that recent decisions highlight the perils of failing to prepare corporate witnesses adequately for Rule 30(b)(6) depositions. In some cases, the courts have awarded deposition fees as sanctions, or deemed certain facts admitted in favor of the deposing party. Even if the witness' lack of preparation does not expose the corporation to sanctions, the resultant testimony can lock the corporation into an unfavorable position at trial.
9 minute read
October 21, 2009 |

Redbox Picks an Antitrust Fight With Hollywood

Hollywood movie studios are turning up the volume against Redbox, recruiting some of the nation's top antitrust experts to wipe out three lawsuits whose outcomes could determine the future of the DVD market.
8 minute read
Law Journal Press | Digital Book Land Use Law: Zoning in the 21st Century Authors: Brent Denzin, Julie A. Tappendorf, Adam Simon, David S. Silverman, Gregory W. Jones, Daniel J. Bolin View this Book

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August 04, 2003 |

Mix of Wins and Losses

In the recently completed 2002-2003 term, the Supreme Court decided a wide array of business cases. The court's decisions included some significant wins for business, as well as some losses.
9 minute read
May 16, 2008 |

Disabled Want Better Web Access

Target's alleged refusal to create user-friendly options on its retail Web site for disabled customers has sparked a legal battle that could have ramifications for all Web-based businesses. In some jurisdictions, the term "handicapped accessible" increasingly pertains to cyberspace.
4 minute read
January 30, 2002 |

The Balance Between Antitrust and IP Law

Antitrust and intellectual property law have traditionally been antagonistic forces. While both aim to foster innovation and economic efficiency, antitrust attacks market power and IP rights often create it. Several recent cases outline the balance between the two doctrines, which some observers believe has been altered by the rapid expansion of IP rights over the last decade.
10 minute read
August 04, 2003 |

NEWS

Washington-Sometimes the Supreme Court leads the nation: commanding school desegregation. And sometimes the Supreme Court follows: prohibiting the execution of the mentally retarded.
16 minute read
June 05, 2002 |

Internet Companies Track Trademark Violations on the Web

The explosion of the Internet begat an explosion of trademark violations. Cybersquatters and cybergripers made full use of other people's trademarks, either for monetary gain or for sport. A number of companies help act as cybercops, trolling the Internet for potential trademark violations. Most of these companies provide the cop work on top of other services, like trademark research or domain name registration.
3 minute read

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