... Fourth Factor, The Effect Of The Use On The Potential Market For Or Value Of Plaintiff's Work, Favors McCain B. Browne's Lanham Act Claim Fails As A Matter Of Law 1.The Lanham Act Does Not Apply To Political Speech 2.Browne's Lanham Act Claim Is Barred By The "Artistic Relevance" Test Imposed By The First Amendment 3.As A Matter Of Law, There Can Be No Likelihood Of Confusion Stemming From The Political Video
November 20, 2008 07:18 pm

Economic Bailout: Options & Legal Perspectives

(Lawyer 2 Lawyer - The Legal Talk Network)
Bailout or bankruptcy for the U.S. automakers to the tune of 25-Billion? Law. com blogger and co-host Bob Ambrogi welcomes experts, Professor Eugene F. Fama, the Robert R. McCormick Distinguished Service Professor of Finance at the University of Chicago, Booth School of Business, Attorney Andrew Z. Schwartz,head of the Bankruptcy and Restructuring Group, at Foley Hoag LLP and Attorney Lisa C. Wood, Partner and Co-Chair of Securities and Corporate Disputes Practice,at Foley Hoag LLP, to discuss ...
November 20, 2008 07:04 pm
In our paper forthcoming in The Accounting Review, "The Impact of Shareholder Activism on Financial Reporting and Compensation: The Case of Employee Stock Options Expensing," my co-author Tatiana Sandino and I examine the economic consequences of more than 150 shareholder proposals to expense employee stock options (ESO) submitted during the proxy seasons of 2003 and 2004. This was the first instance where the SEC allowed a shareholder vote on an accounting matter. Activists had argued that ...
November 20, 2008 06:41 pm
Law School Clinics are an important partner in the delivery of legal services to the poor. Not only do they provide needed direct services to low-income individuals, they also offer meaningful opportunities for law students to engage in legal work and help to foster commitments by young lawyers to use their legal skills in the [...]
November 20, 2008 06:32 pm
... its unlimited power with the states. When the New York Police Department wants to use federal electronic surveillance laws to spy on suspected terrorists, it must convince the Justice Department to seek a warrant from the FISA court. The NYPD is ... Kelly's complaint that New Yorkers are at risk for victimization by terrorists because of the Justice Department's insistence that it follow the law rings hollow given NYPD's concept of terrorist surveillance. As the NYCLU reported, the NYPD engaged in ...
November 20, 2008 06:23 pm

Go Green, Get Green

(Legal Blog Watch)
Here's an interesting program: Boston-based law firm, Sherin and Lodgen will discount legal fees for clients who go green. The firm's "Going Green? Take Fifteen" program, which begins in 2009, will provide 15 percent off legal fees for green projects....
November 20, 2008 06:17 pm
... or LOC as we say round here) with so many similar terms. What I am waiting for now is for the CFI to complicate design law by telling us that novelty and individual character are separate requirements which respond to different public interests. They will doubtless be telling us we committed an error of law by saying that two designs produced the same overall impression on the informed user, having regard to the designer's degree of ...
November 20, 2008 06:09 pm
... law field, about 1/2 primarly used fee based sources for education law research and about 1/2 primarily use free resources. Of the free resources, there is ... Altlaw, and Public.Resource.org allow for a bottom up approach to providing educational law sources rather than the top down approach of Westlaw and Lexis. (More resources ... Anyway, those were some of our findings. We are just beginning this journey on education law research and we plan to add qualitiative elements to our research to get more ...
November 20, 2008 05:41 pm
As shares of Citigroup, Blackstone and other heavyweights of the finance industry slumped to new lows on Thursday, a prominent law firm passionately repeated its call for the reinstatement of the "uptick rule." Wachtell, Lipton, Rosen & Katz, a firm whose client list reads like a Who's Who of corporate America, said in a memo [...]
November 20, 2008 05:34 pm

Have you subscribed to our Estate Planning Blog yet?

(San Diego Estate Planning Lawyer Blog)
... get a live "feed" and read all of our blog posts as they are published. Blogging is becoming more and more popular every day. A blog, for those of you that don't know, is a nickname for Web Log, and allows individuals, businesses, law firms, and anybody else to publish information, comments, or opinions about any topic they may be interested in. Here are some interesting statistics on blogging: ∙ Currently there are 15.5 million active blogs on the internet. ∙ There are over a million blog posts ...
November 20, 2008 04:56 pm
... option in the Community Based Alternatives Waiver program operated by DADS. For more information about all three public hearings, follow this link and scroll down to read each entry. The Texas Board of Nursing (BON) requests information from law firms or attorneys interested in representing the BON in occupational license disciplinary hearings before the State Office of Administrative Hearings. For information on the subject matter and where and how to respond, see the relevant section of the ...
November 20, 2008 04:54 pm

Nine CA lawyers among 30 new partners at Latham & Watkins

(The National Law Journal's L.A. Legal Pad)
... and Exchange Commission and the Department of Justice. He received a JD from the University of California, Berkeley School of Law in 2000. Jason Silvera is a corporate attorney with a focus on mergers and acquisitions for private equity firms and public ... convertible debt, venture capital financings and mergers and acquisitions. He received a JD from Harvard Law School in 2000. Kelly Richardson is an environmental attorney who handles a variety of compliance, transactional and litigation matters ...
November 20, 2008 04:37 pm

Class action come lately in eHarmony spat?

(The National Law Journal's L.A. Legal Pad)
Online dating service eHarmony may have thought its troubles over once it unveiled its same-sex only Web site as a result of a settlement with the New Jersey Attorney General, but a Los Angeles County Superior Court judge has certified a statewide class action against the company for refusing to let users seek same-sex lifemates on the site. The class includes "all gay, lesbian, and bisexual individuals who have been and/or are still denied…services offered to the public by eHarmony.com based ...
November 20, 2008 04:31 pm
... others. The Toronto Opinions Group consists of a group of lawyers, primarily practising with the Toronto offices of the larger Canadian law firms, with an interest in third party (or transaction) opinion practice. TOROG meets regularly to review current opinion issues ... or opinion negotiation. Currently there are five memos and precedents on the Slaw TOROG page, concerning: Conflict of Laws Limited Partnership Model Officer's Certificate PIPEDA Qualifications Securities Transfer Act We will add ...
November 20, 2008 04:29 pm

Perils Of Co-Judging

(Legal Profession Blog)
A city court judge who had permitted partners in the law firm of her co-judge to appear before her was censured by the New York Commission on Judicial Conduct: It is well-established that the law partners and associates of a...
November 20, 2008 04:27 pm
... Thursday's statement are David Keene, chairman of the American Conservative Union, a lobbying group; Richard Epstein, a prominent conservative legal scholar at the University of Chicago; former FBI director William Sessions; Thomas B. Evans Jr., former co-chairman of the Republican National Committee; Mickey Edwards, former chairman of the House Republican Policy Committee; John W. Whitehead, president of The Rutherford Institute; and Don Wallace Jr., chairman of the International Law Institute.
November 20, 2008 04:25 pm

Walpin and Kuntz to Chemerinsky: Open your mind

(The National Law Journal's L.A. Legal Pad)
Nearly a month has passed since Dean Erwin Chemerinsky took Judge Dennis Jacobs to task for his "more than usually provocative" words about pro bono work, and if some of us are disappointed that the dean's call to debate the issue didn't result in a cage match Gerald Walpin and William Francis Kuntz II explain why in their stirring defense of Jacobs. Read the full article at NLJ.
November 20, 2008 04:21 pm
Immigration T. Alexander Aleinikoff has been Dean of the Georgetown University Law Center and Executive Vice President of Georgetown University since July 2004. He has ... ) Cuéllar is Professor and Deane F. Johnson Faculty Scholar at Stanford Law School. His work focuses on how organizations manage complex regulatory, migration, international security ... Ribbon Task Force on Aviation Security. He holds a J.D. from Yale Law School and a Ph.D. in Political Science from Stanford. He is an elected member ...
November 20, 2008 04:11 pm

Sealed memo momentarily open to public in espionage case

(The National Law Journal's L.A. Legal Pad)
As the first defendants in the nation to plead guilty to economic espionage charges, Ming Zhong and Fei Ye admitted they stole secrets from Silicon Valley companies and sought VC funding from the Chinese government. The fact of their cooperation with American authorities has been no secret: It appeared in an unredacted portion of their plea agreements. Still, in preparation for sentencing Friday, Santa Cruz, Calif., solo Paul Meltzer asked Northern District of California Judge James Ware to ...
November 20, 2008 04:06 pm
The California Supreme Court agreed Wednesday to decide the validity of Proposition 8 and ordered opposing parties to file briefs that will help it decide whether the ballot measure was an improper revision of the state constitution, rather than just an amendment, and whether it violates the separation of powers. The court also asked how the nearly 20,000 marriages performed before the Nov. 4 passage would be affected if the measure is upheld. To the dismay of Prop 8 opponents, the court -- ...
November 20, 2008 04:00 pm