The Americans with Disabilities Act (“ADA”) prohibits discrimination in employment on the basis of a disability or perceived disability. According to many, the Act, while by its nature noble, has fallen far short of its original promise to “provide a clear and comprehensive national mandate for the elimination of discrimination against individuals with disabilities.” Presently, one of the greatest hurdles employees face in bringing an ADA claim is establishing that they have a condition that qualifies for coverage.<< MORE >>

Agency Law is part of the legal analysis in many Commercial Law transactions. The insurance industry has developed a broad array of insurance policies that provide coverage for the wide range of significant risks that commercial entities constantly face. Because of the proliferation of the types of policies available in the insurance market and the various coverage limitations and exclusions that these policies contain, insurance brokers are necessary participants in most businesses’ purchase of commercial insurance.<< MORE >>

In asserting the client’s position under the rules of the adversary system, complying with ethical rules is as important as is complying with procedural rules. Litigators thus should not interpret the responsibility to advocate zealously on behalf of their clients as a license to ignore applicable rules of conduct. Recent cases suggest that either lawyers are woefully ignorant of the requirements of the rules or do not fully appreciate the seriousness with which state bars and courts view a breach of the rules. See, e.g., Qualcomm, Inc. v. Broadcom Corp., 2008 U.S. Dist. LEXIS 911 (Jan. 7, 2008)<< MORE >>

Companies are unlikely to prevent or stop all unfair and illegal activity on the Internet affecting their trademarks. Additionally, the vast size of the Internet and large scale of cybersquatting can be overwhelming. However, taking some of the steps listed above can be extremely useful in protecting valuable brands. As with all areas of the law, the most appropriate steps to take will vary depending on each scenario. Factors to consider include the importance of the domain name and brand to your client’s business, your client’s budgetary constraints, the timeframe by which your client desires to retrieve the domain name, the type of website content currently found at the domain name of interest, and the history and current behavior of the domain name registrant.<< MORE >>

On November 12, 2007, the NASDAQ Stock Market announced an agreement entered into with a group of leading investment banks to collaborate on the creation of The Portal Alliance (the “Portal”). The Portal is an industry-wide platform for the offering and trading of privately-placed equity securities pursuant to Rule 144A of the Securities Act of 1933 (the “Act”). The Portal is expected to become operational within the first half of 2008. NASDAQ and the relevant investment banks assert that the Portal will provide liquidity for Rule 144A equity securities and create transparency and enhanced shareholder value by providing a standardized trading platform for Rule 144A securities.<< MORE >>

Over the last decade, the number of retaliation claims under Title VII of the Civil Rights Act of 1964, has risen exponentially, in comparison to the rate of employment discrimination and harassment claims brought under the core provision. The EEOC reports that in 1992, retaliation complaints comprised 15.3% of all charges. As of 2005, that percentage had nearly doubled to 29.5%. The rise in retaliation claims seems to indicate a shift in workplace dynamics that may tell a distressing story.<< MORE >>

On October 6, 2006, President Bush signed the Trademark Dilution Revision Act (“the Act”), which broadens the scope of protection to owners of famous trademarks seeking injunctive relief by lowering the standard of proof required to establish a cause of action for dilution. Among other revisions, the Act also attempts to provide greater clarity to dilution jurisprudence as it defines several trademark terms of art, including the meaning of a “famous” mark, and the two types of dilution — dilution by “blurring” and dilution by “tarnishment.” According to INTA President Paul W. Reidl, Associate General Counsel of E. & J. Gallo Winery, the Act “gives brand owners a powerful tool for protecting the trademarks they have worked so hard to build.”<< MORE >>

Maintaining privilege must be at the core of the entire document production process. As one might expect, there are nuances with privilege and electronic data. For example, a court recently ruled that an employee’s use of the employer’s email system for privileged communication with his personal attorney does not necessarily constitute waiver in a bankruptcy adversarial proceeding. This article will provide the following: an overview of (1) how the new federal rules address the assertion of privilege after production, (2) the effect of non-waiver agreements, and (3) how the Federal Rules of Evidence may provide the clarity, unity, and predictability needed in the e-discovery era.<< MORE >>

Over the past two years, the business and financial news media has been flooded with reports regarding “stock options backdating” practices which result in lucrative compensation packages for corporate executives. Federal regulators and other government authorities have undertaken hundreds of investigations into executive compensation practices, several of which have resulted in civil and criminal litigation proceedings. Recently, several large company executives (including officers of corporate behemoths like Apple, Inc. and Comverse Technology, Inc.) have pleaded guilty to and agreed to settle securities fraud charges related to options backdating practices. In many instances, general counsels have been implicated in backdating schemes.<< MORE >>

Because cases involving patent law are rarely heard by the U.S. Supreme Court, the U.S. Court of Appeals for the Federal Circuit (CAFC) is often the final arbiter on issues of patent law. However, the nine Justices have heard several cases in the last two years, and they have reminded all of us that they reign supreme. In two recent decisions, discussed below, the Supreme Court has cautioned lower courts against applying the law too rigidly, evincing a more expansive and flexible application of the law. Together, these cases suggest that the validity of more patents will be challenged in the future.<< MORE >>