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Friday, June 17, 2011

Y! Alert: Texas Lawyer


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Suit Alleges Students' Facebook Post Defamed Lawyer's Daughter Top
Houston lawyer Jason M. Medley, as next friend to his daughter, has filed a libel suit on her behalf against three middle-school students who allegedly posted a video on the social networking site Facebook. The plaintiff alleges the defendants made "several statements alleging untrue facts, as well as other suggestive, derogatory, inflammatory and sexually explicit statements and gestures" regarding her in the video.
 
Reminders About Right and Wrong Top
Want to create an ethical workplace? Doing so is not about teaching best practices or promulgating rules and imposing sanctions for violating them, writes Michael P. Maslanka. It's about constant reminders to employees of ethical obligations and the enormous power of humbleness and forgiveness.
 
How to Mitigate the Legal Risks of Social Media Top
Employee use of social media in marketing and business development poses at least two categories of legal risk in-house counsel must be prepared to manage, writes Katherine Sunstrom. First, social media use can lead to exposure to liability for false endorsement, defamation, trademark infringement or copyright infringement. Second, a new hire with a large contact list on LinkedIn procured while working for a prior employer may lead to potential liability for trade-secret misappropriation and related torts.
 
How to Handle a Software Audit Top
The CEO calls. He's mad. He's on edge. While enjoying a cup of coffee this morning, he received a certified letter accusing the company of violating federal copyright law by installing and using computer software without authorization. An exhibit to the letter lists 10 computer programs allegedly misused. The lawyer who wrote the letter is demanding a "companywide investigation" including something called a "software audit." The CEO wants to know if the in-house lawyer can handle it. Paul S. Beik and Jonathan C.C. Day offer some advice.
 
Appellate Lawyer of the Week: Third Time's the Charm Top
Sometimes an appellate win boils down to tenacity. A ruling in Jacob A. Brochtrup v. Mercury Marine, et al., a boating design-defect case, is important, because it's "the first decision in the country holding that an unguarded propeller is an unreasonably dangerous product that is defectively designed," says the Byrd Davis Furman partner who represented the plaintiff three times in front of federal court juries in Austin.
 

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