Legal Research

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Products Liability
Tuesday, September 15, 2009
By Michael Hoenig

" Michael Hoenig, a member of Herz­feld & Rubin, writes that despite a kind of dramatic sound to the words "excited utterance," most folks do not get stirred up by the term. However, for serious litigators the words should trigger sober thoughts about the law of evidence and, specifically, about an important exception to the hearsay exclusionary rule. A recent federal appellate decision shows how an excited utterance scenario can play out in a products liability case with pivotal consequences."

OUTSIDE COUNSEL:

The Lessons of 'Lyon' on Insider Trading Liability
Tuesday, September 15, 2009
By Michael A. Asaro and Robert H. Hotz Jr.

"Michael A. Asaro and Robert H. Hotz Jr., partners at Akin Gump Strauss Hauer & Feld, discuss the recent decision in SEC v. Lyon, a case in which the SEC alleged a hedge fund being solicited to invest in a PIPE offering used its inside information about the impending PIPEs by covering its short positions after the deals were announced and the market prices of the issuers' securities declined as a result, and how professional investors involved in overlapping public and private investments in the same issuer might reduce their risk of facing a potentially long and costly investigation or litigation with the SEC."

TECHNOLOGY TODAY:

 Intellectual Property
Tuesday, September 15, 2009
By Stephen M. Kramarsky

" Stephen M. Kramarsky, a member of Dewey Pegno & Kramarsky, writes that the fundamental legal question facing Internet radio providers - as in any business that involves providing access to intellectual property - is licensing. The current copyright law relating to the digital broadcast of sound recordings (which is called 'performance' in copyright law parlance), he says, allows the owners of sound recording copyrights (typically the record companies) to collect royalties under one of two licensing systems: a statutory royalty or a licensing agreement negotiated directly with the copyright holder."