With the explosion of media, it is ever more difficult to figure out the difference between “commercial” and “non-commercial” speech. The answer is extremely important because it usually determines whether one is liable for consumer fraud, false advertising and right of publicity claims. Unfortunately, no bright-line rule for making the distinction between “commercial” and “non-commercial” speech exists, but attorney Barry M. Benjamin of Day Pitney analyzes several key cases to help clarify the issue.
Popularity: 6%
Posted on Friday, March 16th, 2007. Filed under: Law Misc, Business Law
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Historically, recording artists have not paid much attention to the corporate boardroom. Disgruntled artists generally have opted to sue their record labels, pursuing claims such as underpayment of royalties, breach of fiduciary duty or outright fraud. But Berliner, Corcoran & Rowe partner Jay Rosenthal writes that, in this era of SOX and shareholder activism, artists may have an unprecedented opportunity to seek meaningful corporate reform and oversight of the music industry through the boardroom.
Popularity: 5%
Posted on Friday, March 16th, 2007. Filed under: Law Misc, Business Law
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Legal precedents make lawsuits against military contractors tough to win, but that’s not stopping lawyers for soldiers and private citizens injured during the Iraq war. At least 15 personal injury, wrongful death and products liability cases have been filed by soldiers or civilian employees against government contractors in federal courts nationwide, with at least one state court claim in North Carolina. Two litigation strategies involve the use of state fraud laws and whistleblower suits.
Popularity: 3%
Posted on Friday, March 16th, 2007. Filed under: Law Misc, Business Law
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Sen. Herb Kohl, D-Wis., the chairman of the Senate Antitrust Subcommittee, introduced legislation on Wednesday that would make it harder for gasoline mergers to win antitrust approval. The Oil Industry Merger Antitrust Enforcement Act would change the current review process by demanding proof from merging parties that their transaction will not harm competition and allow the Federal Trade Commission and Justice Department to block proposed mergers that do.
Popularity: 5%
Posted on Friday, March 16th, 2007. Filed under: Law Misc, Business Law
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New York’s Appellate Division, 1st Department, has enunciated a personal-jurisdiction standard for the Internet age. In holding that a California music executive and her company are subject to personal jurisdiction in New York for a fee dispute with their New York attorney regarding a copyright infringement case filed in Oregon, the appellate panel found the clients’ actions to be the determinative factor in its unsigned decision, .
Popularity: 5%
Posted on Friday, March 16th, 2007. Filed under: Law Misc, Business Law
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Lawyers for the widow of a man who won a $37.5 million verdict against cigarette makers in 2002 returned on Thursday to Miami-Dade Circuit Court and asked a judge to enter final judgment and order a trial on punitive damages. But lawyers for the tobacco companies argued for further delay. Even though the Florida Supreme Court last July allowed individual smokers’ cases to proceed, the tobacco lawyers contended Yolanda Lukacs’ case can’t proceed until their appeal to the U.S. Supreme Court is completed.
Popularity: 5%
Posted on Friday, March 16th, 2007. Filed under: Law Misc, Business Law
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Hewlett-Packard investors voted down a proposal from labor funds that would have made it easier and cheaper for shareholders to nominate alternative directors. But the measure still received significant support. Bryan Cave partner Brendan Johnson said it’s possible that the strong support could pressure HP to voluntarily include the measure or a variation. But he added that HP would likely wait until the SEC clarifies rules on whether investors may nominate candidates on corporate ballots.
Popularity: 5%
Posted on Friday, March 16th, 2007. Filed under: Law Misc, Business Law
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A federal jury on Wednesday found Phillip E. Hill Sr., the ringleader of the largest mortgage fraud scheme ever prosecuted in Georgia, guilty of 168 counts of fraud and money laundering. Nine accomplices were also convicted. Prosecutors argued that Hill and the others were involved in three interlocking mortgage fraud schemes based on Atlanta real estate sales that bilked lenders out of over $40 million. Judge Thomas W. Thrash Jr. said Hill “is looking at spending the rest of his life in prison.”
Popularity: 6%
Posted on Friday, March 16th, 2007. Filed under: Law Misc, Business Law
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To participate fully in society, we are asked to surrender personal, identifying information to third parties. The disclosures range from telephone and bank records to e-mail and Internet accounts. Whether the newest type of personal information — Internet account data — can be uncovered by law enforcement depends on the recognition of the right to informational privacy. Ken Strutin, director of legal information services at the New York State Defenders Association, analyzes some key cases.
Popularity: 5%
Posted on Wednesday, March 14th, 2007. Filed under: Law Misc, Business Law
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Renewable energy makes up only a small fraction of U.S. energy use, but the buzz over renewables is huge, and the number of renewable deals being done is increasing rapidly. According to Marshall & Lueder’s William P. Ewing, a tax lawyer who devotes about half of his practice to energy deals, tax credits are one big driver of the upsurge in renewable deals. Another reason for the increase is the renewable energy requirements for utilities, which have been instituted by 20 states since 2002.
Popularity: 6%
Posted on Wednesday, March 14th, 2007. Filed under: Law Misc, Business Law
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