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Secondary Liability After MGM v. Grokster
Was the Supreme Court's long awaited ruling in MGM v. Grokster1 as significant as the famous Sony v. Universal City Studios2 case twenty years ago? Probably not. The Court decided Grokster in accordance with common law principles of secondary liability and the opinion is narrowly tailored, leaving...
Read MoreAre Your Secrets Safe? The Time Is Now For A Trade Secret Audit
While specific laws regarding trade secrets may vary from jurisdiction to jurisdiction, it is generally accepted that any type of information that provides an actual or potential economic and/or competitive advantage may be considered a trade secret. For such information to be a protected trade...
Read MoreEEOC Retiree Medical Exemption Invalidated
A recent decision by a federal district court in Pennsylvania, which has the effect of invalidating an exemption implemented by the Equal Employment Opportunity Commission (the "EEOC"), will likely have the effect of causing employers to drastically revamp and/or curtail their retiree medical...
Read MoreProject: Corporate Counsel - Law Firms Robert Ray: Thoughts About Obstruction Of Justice And The Argument In the Andersen Case
Editor: One of the most significant cases to focus on the former language of the obstruction statute was the criminal case against Arthur Andersen which triggered the collapse of that firm. The case was recently argued before the Supreme Court. The purpose of this interview is to permit our readers...
Read MoreLessons Learned From The World Trade Center Event
On the morning of September 11, 2001 two hijacked commercial jetliners roared out of the sky and were deliberately flown into towers one and two of the World Trade Center. The total destruction of the World Trade Center complex from the initial collapse of towers one and two to the subsequent...
Read MoreDispelling The First To File Rule Myth - Part II
Cases Dispelling The Myth In our fact pattern, if DJ filed a declaratory judgment action, C&D's first step would be to file a motion to dismiss in the court where DJ filed. The basis for dismissal would be that DJ filed an improper anticipatory filing. The cases also indicate that C&D...
Read MoreThird Circuit Affirms Comprehensive Cleanup Injunction
When will a court step in and order specific cleanup measures to be taken at a contaminated site, despite the involvement of an environmental agency in an ongoing remediation process? The United States Court of Appeals for the Third Circuit answered this question for one site in its decision...
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