Archives for 2007

General Counsel to Employees: Think Before You Send

Katheryn Hayes Tucker Fulton County Daily Report E-discovery rules have caused in-house counsel to take a harder line with some of the e-mails that workers think are private "Don't put this in writing, but ... " Those are the opening words of an e-mail that got the writer's company in legal hot water. And there are plenty more where that came from. "This is off the record," started the e-mail that in fact put it all on the record. How about this one? "We may be in breach of contract, and here's … [Read more...]

US Supreme Court Decision Changes the Determination of Claims for Attorneys’ Fees in Bankruptcy Cases

By Christian D. Jinkerson In Travelers Casualty & Surety Co. v. Pacific Gas & Electric Co. (2007), the United States Supreme Court recently ruled that attorneys’ fees can be recovered in connection with an unsecured or undersecured claim pursuant to a contractual or statutory right in the context of a bankruptcy case. The Supreme Court’s decision overruled the Ninth Circuit Court of Appeals and changed the law with respect to all bankruptcy cases in California. … [Read more...]

The Benefits and Perils of Hiring from Competitors

By Scott J. Ivy Lang, Richert and Patch Regardless of the industry, almost every business has been faced with an increasingly common dilemma. Your star salesperson or employee, to whom you have devoted significant amounts of time and money training and developing, suddenly announces he or she is leaving to join a direct competitor. Will your customers follow? Will the employee divulge your confidential information in an attempt to lure his or her former customers to his new firm? The hiring … [Read more...]

Virtual Worlds, Real Litigation

Roger Parloff June 1, 2007 - Though the U.S. Supreme Court cut back this week on Americans’ rights to sue for equal pay in the real-world workplace, our rights to sue for wrongs visited upon our imaginary selves in imaginary game worlds made some modestly countervailing gains. “This has been one of the most important weeks in US virtual-world law in memory, perhaps ever,” says S. Gregory Boyd, an intellectual property attorney and games law expert at Kenyon & Kenyon. … [Read more...]

CalChamber Pres. on State Supreme Court Ruling Permitting Private Contracting for Public Projects

SACRAMENTO - California Chamber of Commerce President and CEO Allan Zaremberg released the following statement on today's California Supreme Court ruling permitting private contracting for public works projects:“This ruling is great news for California commuters and taxpayers. The California Supreme Court has upheld the will of the people, who passed Proposition 35 in 2000 to promote the efficient delivery of public works projects and approved infrastructure bonds in 2006 to increase and … [Read more...]

High Court Says Concealment of Assets Can Take Away Important Right in Bankruptcy

Pete Yost The Associated Press February 22, 2007 - The Supreme Court ruled Wednesday that a financially troubled small-business man gave up an important right under the federal bankruptcy code because he failed to disclose all of his assets as the law requires. In a 5-4 decision, the Court said Robert Marrama of Gloucester, Mass., could not convert his bankruptcy case from one chapter of the code to another, as the law ordinarily allows. The reason, the Court said, stemmed from his failure … [Read more...]

Thoughts on Music: DRM, iTunes and the iPod

by Steve Jobs February 6, 2007: With the stunning global success of Apple’s iPod music player and iTunes online music store, some have called for Apple to “open” the digital rights management (DRM) system that Apple uses to protect its music against theft, so that music purchased from iTunes can be played on digital devices purchased from other companies, and protected music purchased from other online music stores can play on iPods. Let’s examine the current situation and how we … [Read more...]

US Senate Introduces Strong Privacy Bill

by Vidura Panditaratne Press Esc February 7, 2007: US Senators yesterday introduced a bill that better protects the privacy of citizens’ personal information in the face of data security breaches across the country. Senators Patrick Leahy (D-Vt.) and Senator Bernie Sanders (I-Vt.) co-sponsored the Personal Data Privacy and Security Act, which was first introduced in 2005 with co-sponsorship from Arlen Specter (R-Pa.) following serious data breaches at ChoicePoint and LexisNexis. Senator Specter, … [Read more...]

The Power of Apology

by Michael T. Hertz Lang, Richert & Patch A few months back, Playboy magazine ran a cover, showing Jessica Alba. Alba, miffed at the unauthorized use of her photo, threatened to sue. In response, Hugh Hefner, Playboy’s founder, wrote a personal letter of apology, and the magazine made donations to two charities which Alba supports. Result? Alba decided to drop her claims against the magazine. What a wonderful result for everyone. Ms. Alba got her grievance recognized, some deserving … [Read more...]

Unsecured Creditors – Challenges after Bankruptcy Reform

Bankruptcy reform is sure to have an impact on the debt purchasing industry for years to come. But what are the key points that debt buyers need to look at? by Alane Becket With the passage of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA), fundamental changes in how distribution of a debtor's income will be made during a bankruptcy case went into effect. Unfortunately, touted as a "creditor's bill," an analysis of BAPCPA has uncovered several examples of the … [Read more...]