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Can Microsoft, Yahoo Weather IP Together?
If Microsoft conquers Yahoo, some intellectual property lawyers say that the companies will be on course for a clash over their IP attitude. The two companies’ views about what should be shared and what should be kept proprietary have been as different as sunny Silicon Valley and dreary Seattle.
When State Officials Attack
As traditional class actions become a less reliable tactic for attacking business interests, a new one has emerged. Instead of finding a class to represent, plaintiffs lawyers are representing some state attorneys general in cases brought on behalf of the states and their citizens. The resulting lawsuit can pose a new and dangerous threat to defendants. But such lawsuits also have unique vulnerabilities. Attorneys Brian Anderson and Amber Taylor examine some possible strategies for responding to AG suits.
Big-Firm Associates: Why They Go and How to Keep Them
Even as associate salaries and bonuses soar ever higher, larger law firms in the U.S. are reported to lose at least 30 percent of associates after about three years. Big-firm associates may be a lost generation, say Ben W. Heineman Jr. and David B. Wilkins: a cohort of junior lawyers whose initial professional experience is extremely unsatisfying, who are turned off by the traditional rite of passage in a large firm, and who are not developing as legal professionals in the broadest sense of that phrase.
EBay Agrees to Buy Patents From MercExchange, Settling Long-Running Dispute
EBay has settled a seven-year patent dispute that prompted an important intellectual property ruling from the U.S. Supreme Court by agreeing to buy three MercExchange patents it had been accused of violating with its “Buy It Now” feature. MercExchange had hoped to win a court order preventing eBay from continuing to use the technology, but the U.S. Supreme Court ruled in 2006 that judges do not necessarily have to block a technology from being used when a jury finds a patent violation.
Former Covad GC’s Derivative Suit Settles for $7 Million
Covad Communications and its ex-general counsel have finally laid to rest a sordid, six-year saga of allegations of self-dealing directors, sexual harassment and retaliatory firing. Covad directors have agreed to pay the Silicon Valley telecom company $7 million to settle a derivative suit originally filed by former GC and co-founder Dhruv Khanna after he was fired in 2003, accusing directors of wasting money and enriching themselves at the expense of shareholders.
Pelosi wants Bush aides investigated (AP)
AP - House Speaker Nancy Pelosi asked the Justice Department on Thursday to open a grand jury investigation into whether Josh Bolten, the White House chief of staff, and Harriet Miers, President Bush’s former counsel, should be prosecuted for contempt of Congress.
Bad Cat Baxter Ups Liability for All Conn. Cat Owners
A tomcat named Baxter who attacked his owners’ neighbor has upped the level of legal liability that cat owners in Connecticut face. The state Supreme Court has held that an owner can’t escape paying for injuries inflicted by their cat simply because the pet has no history of attacking people. A superior court judge had dismissed the suit against Baxter’s owners based on case precedent establishing that owners arent liable unless their cat previously displayed behavior that might foreshadow an attack.
New Miami Courthouse Sits Empty Despite Mold in Old Building
As a new federal courthouse tower sits empty, part of Miami’s historic courthouse has been closed due to mold infestation. A federal judge closed the Dyer building’s basement after a public health study found mold throughout the four-story building. Suspicions arose about a mold problem after a U.S. magistrate judge who worked in the Dyer building died of a lung ailment in 2006. Meanwhile, the new Wilkie D. Ferguson Jr. building has been cleared for occupancy, but court officials are holding up staff moves.
Parents of Crash Victim Awarded $11 Million in Mitsubishi Case
A Florida jury has awarded nearly $11 million to the parents of a student killed in the 2004 crash of a Mitsubishi sport utility vehicle. They claimed that his death in a rollover accident was caused by a defective seatbelt and front passenger seat. The jury deliberated for less than a day after a three-week trial. Mitsubishi Motors North America issued a statement saying it intended to appeal, claiming there were “several erroneous rulings” and “improper and inflammatory statements made by the judge.”
Supreme Court Says FedEx Employees Can Sue Over Age Discrimination
The Supreme Court decided Wednesday that employees who claim job discrimination should not suffer because of mistakes made by the federal agency charged with investigating their allegations. The 7-2 ruling allows an age discrimination lawsuit to proceed against FedEx Corp. The majority opinion is critical of the Equal Employment Opportunity Commission, which failed to notify FedEx that 14 employees had filed a complaint. Companies must be told about complaints before discrimination lawsuits can be filed.