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Is the Honeymoon Over for the Roberts Court?
A Supreme Court term that began with hopes for a new era of consensus dissolved in its final weeks into a blizzard of quarrelsome writing that clarified little and robbed some decisions of their precedential force. The messy finale may be explained in part by the increased importance of Justice Anthony Kennedy as the Court's swing vote. And some say the disarray may just be a preview of next term, when the Court will face even thornier cases on race-conscious public school policies and abortion.Hewlett-Packard Replaces a Third of Its Board
The tech giant's move to oust a third of its board is the latest milestone in a marathon management makeover.• ALSO SEE: HP to Probe Hurd's Departure (Again) • How to Keep Employees From Handing Over Secrets • How HP's GC Handled CEO's Sex Scandal NightmareMalpractice Claim Proceeds Over Death of Rikers Officer
It's not over, but the first round goes to the tech guys.
Copyright Fair Use: A Comment On the Parody Defense
Alan R. Friedman, a partner at Katten Muchin Rosenman, writes that the recent ruling in Salinger v. Colting provides some reassurance to copyright owners that more than an after-the-fact rationale as to how the putative parody transforms and comments on the original is required and that the proffered parody will be subject to scrutiny. However, just as the criteria for determining when a parody qualifies as fair use are imprecise, the rigor with which the proffered parody is to be scrutinized is not subject to an established standard. As a result, the outcome in these cases appears to depend heavily on how great the deference (or strict the scrutiny) the judge hearing the case applies when evaluating whether the proffered parody qualifies as a "fair use" under Campbell.Addressing Novel Legal Issues in Virtual Property
There is a growing debate over the "virtual property" that gamers can accumulate in online video games, and how legal systems should deal with this new form of property. Attorneys Richard Raysman and Peter Brown discuss some of the novel legal issues raised by this unique species of property, and how major gaming companies are starting to deal with those issues.In-House IP Lawyers May Lose Key Job
Are intellectual property lawyers missing out on the new "new thing"? Patent guru Kevin Rivette says they are. Rivette says many members of the intellectual property bar often are overlooked when companies seek candidates for positions that are new in the corporate world: managers of intellectual property assets.Defections, Key Client Loss Take Toll at Dow Lohnes
A former Am Law 200 firm with offices in Atlanta and Washington, D.C., Dow Lohnes has seen its attorney ranks cut nearly in half over the past three years amid a spate of lateral defections. Now—down to fewer than 100 lawyers and hurt by the loss of key client Cox Enterprises—the firm is engaged in merger talks with possible suitors, according to a half-dozen sources interviewed by The Am Law Daily.Last week was a busy one for Irving Picard, the Baker & Hostetler partner and Madoff bankruptcy trustee. With Madoff assets here, there, and everywhere, he's working to secure them.
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