Intellectual Property


Courts Confront the Question of Service by Facebook
December 18, 2012 | Professional Liability | Complex Torts & Product Liability | Intellectual Property
Under New York law, service of process may be effected by: (1) personal service; (2) delivery to “a person of suitable age and discretion at the actual place of business, dwelling place or usual place of abode of the person to be served” and mail; (3) service on an agent; or (4) so-called “nail and …
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Ethical Issues Arise in Lawyer’s Use of Social Media
October 16, 2012 | Professional Liability | Complex Torts & Product Liability | Intellectual Property
As with most of the population, the use of social media by lawyers in the conduct and marketing of their legal practices has been “trending” up.[1]  Although well-established ethical rules apply, some social media activity may introduce new twists to the rules’ interpretation or raise issues that a lawyer may not have considered before posting …
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ABA Approves Changes to Technology-Related Ethics
August 14, 2012 | Professional Liability | Complex Torts & Product Liability | Intellectual Property
The headline could read “ABA drags lawyers, kicking and screaming, into the 21st Century,” but that would not tell the whole story. In reality, for the past decade or more, lawyers have increasingly relied on technology to practice law, but that reliance has grown so incrementally that its potential impact on ethical responsibilities may not …
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A Landscape View of Privacy Protection Issues
June 30, 2012 | Professional Liability | Appeals | Complex Torts & Product Liability | Employment & Labor | Intellectual Property
Please click the link below to view “A Landscape View of Privacy Issues.” Adobe Reader is required to view the bulletin. If Adobe Reader is not installed on your PC, click here to download and install. A Landscape View of Privacy Issues Reprinted with permission.  All rights reserved. …
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Music To Their Ears: What’s An ASCAP License Worth?
June 26, 2012 | Intellectual Property | Complex Torts & Product Liability | Professional Liability
The American Society of Composers, Authors and Publishers (“ASCAP”), which represents music composers, writers, and publishers and which has the non-exclusive right to license the non-dramatic public performances of its members’ music, was formed in 1914.[1] As technologies have evolved over the past century, so has ASCAP’s role.  It is inconceivable that performers at the …
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Contractors Entitled To Jury Trial In Mechanics’ Lien Foreclosure Cases
November 30, 2010 | Intellectual Property | Appeals | Insurance Coverage
Please click the link below to view “Contractors Entitled To Jury Trial In Mechanics’ Lien Foreclosure Cases.” Adobe Reader is required to view the bulletin. If Adobe Reader is not installed on your PC, click here to download and install. Contractors Entitled To Jury Trial I Mechanics’ Lien Foreclosure Cases Reprinted with permission from the …
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Contractors Entitled To Jury Trial In Mechanics’ Lien Foreclosure Case
August 31, 2010 | Appeals | Insurance Coverage | Intellectual Property
Contractors often seek to amicably resolve disputes with property owners over payment disputes. Despite these efforts, contractors typically find the need to file a mechanic’s lien against the property they worked on to secure payment for their labor and services, followed by the commencement of litigation in which they must not only foreclose on the …
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The Need to Redact Personally Identifiable Data from E-Filings
August 17, 2010 | Professional Liability | Intellectual Property
Electronic filing of court documents has become the norm rather than the exception both here, in New York federal and state courts, and around the country. The trend is driven by the pervasive availability of online technology to conveniently enable filing, as well as the generally held presumption in U.S. jurisprudence that court proceedings are …
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The Ins and Outs of Attorney-Corporate-Client Privilege
June 30, 2010 | Professional Liability | Intellectual Property
Please click the link below to view the The Ins and Outs of Attorney-Corporate-Client Privilege. Adobe Reader is required to view the bulletin. If Adobe Reader is not installed on your PC, click here to download and install. The Ins and Outs of Attorney-Corporate-Client Privilege © 2010 DRI. All rights reserved. …
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Risks of the Consumer Product Safety Commission’s Database
June 15, 2010 | Professional Liability | Intellectual Property
On May 24, the Consumer Product Safety Commission (“CPSC”) issued a notice of proposed rulemaking[1] to effectuate the establishment of a statutorily mandated, publicly available, searchable online database containing consumer product safety information. The database is required by Section 212 of the Consumer Product Safety Improvement Act of 2008, which created a new Section 6A …
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FDA to Clarify Regulation of Online Drug, Device Ads
April 20, 2010 | Professional Liability | Intellectual Property
As part of its presentation to the U.S. Food and Drug Administration about America’s increased dependence on the Internet for health information (and the role that Google can play in that regard), Google estimated that more than 100 million Americans conduct 4.6 billion health-related keyword searches annually.[1] Similarly, a study by the Pew Internet and …
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New FTC Blogging Rules Pose Risks for Corporate Advertisers
February 16, 2010 | Professional Liability | Intellectual Property
Following more than a year of public comments, the Federal Trade Commission in December enacted changes to its formal guidance[1] to advertisers as to the steps necessary to keep their endorsement and testimonial ads from running afoul of the Federal Trade Commission Act[2] and its potential consumer protection liabilities. Many of the changes were required …
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