Clever Caution
The Dos and Don’ts of Choosing a Trademark

By: Beverly Berneman, Chicago Office

Beverly Berneman advises that a clever name, logo or phrase can go a long way to identifying your service or product and advises how you can protect these “trademarks” by registering them with the United States Patent and Trademark Office. However, Beverly provides cautions that the rules governing the registration of trademarks can limit your choices.

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Bias, Partisanship, and Financial Interests of Expert Witnesses

Barry Brotine writes that in today’s medical malpractice cases, it is becoming more and more important to weaken the testimony of a plaintiff’s expert witness. In medical malpractice actions, the jury’s reliance on the believability of the plaintiff’s expert is a crucial factor in the outcome of trial, and Barry discusses how best to attack opposing witnesses’ testimony.

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When Disgruntled Employees Attack
The Computer Fraud and Abuse Act and the Problem of Authorized Access

By: Brandon Lemley, Chicago Office

What if one of your employees becomes disgruntled and either steals or destroys critical computer information for your company? Brandon Lemley writes on the status of the law under the Computer Fraud and Abuse Act, 18 U.S.C. § 1030, et seq., and provides insightful tips on how businesses can protect themselves from the risks of employee hacking.

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Insurance and Communications Alert:
Coverage Potentially Triggered and Duty To Defend Found For TCPA “Junk Fax” Violations Under “Advertising Injury” Insurance Provisions

By: Jennifer Medenwald, Chicago Office

“Junk Fax” class action litigation is growing quickly around the country with many multi-million dollar verdicts and settlements and insurance companies are directly in the aim of attorneys prosecuting these claims. Jennifer Medenwald alerts carriers on a very important November 2006 Illinois Supreme Court decision, Valley Forge Insurance Company v. Swiderski, 2006 Ill. LEXIS 1655. At issue in Valley Forge was an advertiser's alleged sending of unsolicited facsimile advertisements in violation of the Telephone Consumer Protection Act, 47 U.S.C.S. § 227, and the advertiser’s quest to obtain insurance coverage for those alleged violations.

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Case Note
Court Limits "Control: in Negligence and Premises Liability Cases

By: Kevin Casey, Chicago Office

Kevin Casey writes about a December 2006 case providing further protection for property owners and contractors in construction cases.

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Defense Lawyers, Excess Coverage and the Tripartite Relationship

By: Omar Fayez, Chicago Office

In a typical liability case, a defendant tenders its defense to its insurance carrier and the carrier retains counsel to defend the defendant. In cases with potential high exposure, carriers routinely advise their insureds of the potential for an excess verdict over the policy limits and recommend that the insured investigate whether there is available excess coverage and/or retain their own counsel to defend against this exposure. But what happens when the insured does not do this and an excess verdict is entered against the insured? Can the insured seek recovery against the attorneys retained by the insurance company for legal malpractice if they do not perform the investigation for excess coverage the insured was advised to make? Omar Fayez writes about an interesting case from New York examining the duties of attorneys retained by primary insurers to defend their insureds to investigate and confirm available excess insurance coverage of their insured clients.

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Apple Records v. Apple Computers
Biting at the Core of Trademark Law

By: Lawrence Steingold, Chicago Office

Lawrence Steingold writes on an interesting case from England examining basic concepts of trademark law and involving the Beatles and Apple Records on one side, and Apple Computers on the other.

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