BLT: Business Law Today

In this issue

The "new" business courts
Responding to modern business and commercial disputes
By Lee Applebaum

Lawyer 1: "I'll say a phrase and you name the first court that comes to mind."
Lawyer 2: "Ok, go."
Lawyer 1: "Business Court."
Lawyer 2: "Delaware Court of Chancery."
Fifteen years ago, the over 200-year-old Delaware Court of Chancery would have been the only response, but today other possibilities exist.

The history of Delaware's business courts
Their rise to preeminence
By Donald F. Parsons Jr. and Joseph R. Slights III

Today, an increasing number of states have a business court or judges assigned only to business disputes. Most of these courts were created in the past 15 years.

Strangers in a strange land
Specialized courts resolving patent disputes
By Lawrence M. Sung, Ph.D.

As the number of cases and disputes involving proprietary technology subject to intellectual property rights has increased in recent years, a decades-old view that such matters should be adjudicated exclusively by specialized courts and judges has experienced a renaissance. This call for specialized, or problem-solving, courts at both the federal and state levels is not unique to the intellectual property field, however.

The untold story of the bankruptcy courts
A positive resource for business
By Ronald S. Gellert

The inner workings of bankruptcy courts are a mystery to many people. To some, bankruptcy involves a group of unfortunate people who have lost everything, arrive at court with their pockets turned inside out, and are looking for a way to get out from under their debts.

Beyond the border
An international perspective on business courts
By Ralph Peeples and Hanne Nyheim

Business courts are not only found in the United States. They can be found around the globe, and not just in the predictable places.

ALSO IN THIS ISSUE

Attorney-client privilege
Pitfalls and pointers for transactional attorneys
By Raymond L. Sweigart

Attorney-client privilege is not just for litigators. Many clients and their lawyers would like to cloak their transactional deals in confidentiality, and the attorney-client privilege appears to be a ready-made vehicle for doing so.

Golf and the law
A closer look at the primary assumption of the risk doctrine
By John H. Minan

This article is about golf and the law. The specific focus is on negligence and the primary assumption of the risk doctrine.

The Supreme Court's decision in KSR v. Teleflex
New concerns for patents
By William H. Honaker

Whether you are a business owner, corporate officer, or legal counsel, you need to understand how the Supreme Court's decision in KSR v. Teleflex may affect your company's patent portfolio. It is possible that your patent portfolio is at risk of being ignored by your competition and potentially subject to being invalidated by the courts.

Courting the suicide king
Closing opinions and lawyer liability
By Donald W. Glazer and Jonathan C. Lipson

What are you willing to risk when you represent a client in a major transaction? Your law practice? Your firm? When you deliver a closing opinion to the party on the other side, are you-unwittingly-courting the Suicide King (read on)?


Volume 17, Number 4 • March/April 2008

Our mini-theme: Business Courts The Section of Business Law of the ABA has been a champion of business courts and specialized commercial litigation programs for more than a decade. In the past 15 years, states have been creating new business courts and specialized commercial litigation dockets at an accelerating pace. Commercial litigators have seen how these business courts and specialized dockets have greatly reduced litigation costs and case disposition times, and significantly increased the predictability of court decisions and the level of client satisfaction. Nevertheless, almost every time a new business court or specialized docket has been proposed, it has been met with opposition and wrongly labeled as being "elitist" or unfairly favoring "big business." These myths are easily debunked by the facts and the experiences of those involved with any of the new business courts or specialized dockets. The five articles in this mini-theme explore some of these facts and experiences. Continue reading. E-mail Comments to the Editor	Our next program - 06/10/08 Qui Tam: What Business Lawyers Need to Know Departments Keeping Current: Concise up-to-the minute summaries of new cases and developments impacting specific business law practice areas. In this Issue: Government Enforcement Jurisdiction ProBono in Action Snap Judgments
In this issue The "new" business courts Responding to modern business and commercial disputes By Lee Applebaum Lawyer 1: "I'll say a phrase and you name the first court that comes to mind." Lawyer 2: "Ok, go." Lawyer 1: "Business Court." Lawyer 2: "Delaware Court of Chancery." Fifteen years ago, the over 200-year-old Delaware Court of Chancery would have been the only response, but today other possibilities exist. The history of Delaware's business courts Their rise to preeminence By Donald F. Parsons Jr. and Joseph R. Slights III Today, an increasing number of states have a business court or judges assigned only to business disputes. Most of these courts were created in the past 15 years. Strangers in a strange land Specialized courts resolving patent disputes By Lawrence M. Sung, Ph.D. As the number of cases and disputes involving proprietary technology subject to intellectual property rights has increased in recent years, a decades-old view that such matters should be adjudicated exclusively by specialized courts and judges has experienced a renaissance. This call for specialized, or problem-solving, courts at both the federal and state levels is not unique to the intellectual property field, however. The untold story of the bankruptcy courts A positive resource for business By Ronald S. Gellert The inner workings of bankruptcy courts are a mystery to many people. To some, bankruptcy involves a group of unfortunate people who have lost everything, arrive at court with their pockets turned inside out, and are looking for a way to get out from under their debts. Beyond the border An international perspective on business courts By Ralph Peeples and Hanne Nyheim Business courts are not only found in the United States. They can be found around the globe, and not just in the predictable places. ALSO IN THIS ISSUE Attorney-client privilege Pitfalls and pointers for transactional attorneys By Raymond L. Sweigart Attorney-client privilege is not just for litigators. Many clients and their lawyers would like to cloak their transactional deals in confidentiality, and the attorney-client privilege appears to be a ready-made vehicle for doing so. Golf and the law A closer look at the primary assumption of the risk doctrine By John H. Minan This article is about golf and the law. The specific focus is on negligence and the primary assumption of the risk doctrine. The Supreme Court's decision in KSR v. Teleflex New concerns for patents By William H. Honaker Whether you are a business owner, corporate officer, or legal counsel, you need to understand how the Supreme Court's decision in KSR v. Teleflex may affect your company's patent portfolio. It is possible that your patent portfolio is at risk of being ignored by your competition and potentially subject to being invalidated by the courts. Courting the suicide king Closing opinions and lawyer liability By Donald W. Glazer and Jonathan C. Lipson What are you willing to risk when you represent a client in a major transaction? Your law practice? Your firm? When you deliver a closing opinion to the party on the other side, are you-unwittingly-courting the Suicide King (read on)?
The Last Laugh

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Volume 17, Number 4 • March/April 2008

Our mini-theme: Business Courts

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The Last Laugh