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Legal English Blog

Legal English Blog

Welcome to TransLegal’s Legal English Blog



Legal English Blog
The globalisation of the legal services market fueled by cross-border transactions and international regulatory schemes means increasing numbers of lawyers need to work in English. To meet the ever-increasing demand for Legal English we have launched this blog and a Legal English Dictionary.

Over the past 20 years, since TransLegal was founded, we have seen a tremendous amount of development in the field of Legal English. This development has been particularly rapid over the past few years with the creation of the TOLES and Cambridge ILEC tests, the publishing of a number of Legal English coursebooks and websites, the formation of Legal English teachers associations such as the European Legal English Teachers Association (EULETA), and Legal English conferences such as the Global Legal Skills Conference.

TransLegal would like to continue to contribute to this development through this blog and provide a place where anyone with an interest in Legal English teaching, testing, publishing, materials development, academic research, or learning can find teaching materials, common mistakes, drafting tips and more, and read about developments in Legal English as well as make contact with others in the field.

Our industry is in its early days but is already rich in talented people. We have been privileged to meet Legal English professionals at language schools, universities, publishing houses, and testing centers around the world all of who share a common desire to build this new industry.

We hope you find this blog helpful in your Legal English work and studies and we welcome your contributions and feedback!

The Legal English Blog is produced by TransLegal’s in-house staff of lawyer-linguists and updated several times a week with new articles, features, links and resources.

    • Long road to SWIFT agreement

    • After long, drawn-out negotiations, an agreement was finally signed, on June 28, 2010, granting the US access to the SWIFT database. This agreement between Brussels and Washington is meant to help combat terrorism by making it easier to follow the financial trail left by suspected terrorists. This deal was so hard to reach because of concerns by EU lawmakers that sharing data on bank transfers could violate the privacy of EU citizens.  The long and intense negotiations were finally brought t [...]
    • Long road to SWIFT agreement

    • Bullfighter Bails - Breach of Contract?

    • There are many things that come to mind when I think of breach of contract. Non-performance, failure to pay, failure to deliver goods, among other things, but certainly NOT fleeing from a bull fighting ring. Well, according to Above the Law.com, that’s exactly what happened to Mexican bullfighter Christian Hernandez. In Mexico, it seems that contract law covers a failure of courage. The bullfighter was arrested, locked up and ordered to pay a fine. All for a simple breach of contract. [...]
    • Bullfighter Bails - Breach of Contract?

    • Attack on the Body Scanners

    • What is the naked truth about security scanners? Full-body scanners, also known as naked scanners, "perv scanners", or arches have been criticized by civil liberties groups, religious organizations, Interpol and the European Court of Human Rights. These devices are controversial because they see through passengers’ clothes and can produce accurate naked images of the body. Governments say that they are extremely effective in detecting bomb parts and weapons. The critics challenge the effective [...]
    • Attack on the Body Scanners

    • A “Babe” but not a Banker

    • There have been a lot of studies showing that better looking people get better treatment and better pay, but things may be looking up for the “ugly ducklings” of the world—at least if you’re a banker. According to Abovethelaw.com, Debrahlee Lorenzana is suing Citibank on the grounds that it fired her for being too good looking. So good looking, apparently, that it distracted fellow male employees from the hard work they were doing at Citibank and had to be stopped. Her boss, Craig [...]
    • A “Babe” but not a Banker

    • The EU’s World Cup Goals

    • As football fever sweeps the globe, the EU is hoping to achieve some of its own goals. When the European Commission ("the Commission) met the Commission of the African Union last week , just before the start of the World Cup, President Barroso shared his hopes for an entertaining tournament with “free flowing football and fair play”. He also expressed his belief that “football is more than a sport: it is a universal language that helps people from different cultures and backgrounds to unit [...]
    • The EU’s World Cup Goals

    • Striking a Measure

    • As the conference committee on the US Congress' financial regulatory overhaul bill prepares to meet later today, Congressional negotiators are considering striking a measure, i.e. removing it, from the bill that would have established an investor-led board empowered to select firms on a rotation to rate structured securities products. In addition, the language to be proposed by negotiators from the House of Representatives would direct the Securities and Exchange Commission (“SEC”) to stu [...]
    • Striking a Measure

    • Consumer-friendly Justice

    • We know that it’s possible to be too friendly, but can a Member State be too consumer-friendly? That was the question posed to the Court of Justice of the European Union in Case C-484/08: Caja de Ahorros y Monte de Piedad de Madrid v Asociación de Usuarios de Servicios Bancarios (Ausbanc). The specific issue before the Court was whether Spain could provide more generous protection to consumers than the Directive on unfair terms in consumer contracts (Council Directive 93/13/EEC). The Dire [...]
    • Consumer-friendly Justice

    • State Route 224 — A Deadend for Common Sense

    • Let me just start by saying—as I’ve said many times before—common sense goes a long way. However, nowadays it seems that certain electronic gadgets (along with a lot of things in today’s world, including paper coffee cups) are apparently supposed to replace common sense. This next case is yet another example of this ever-growing trend. According to Above the Law.com, an LA woman is suing a Salt Lake County man and Google for more than $100,000 in damages claiming that Google Maps gave [...]
    • State Route 224 — A Deadend for Common Sense

    • Don’t Bet on Net Betting

    • Two gambling companies lost their claims alleging that they didn’t get a sporting chance to do business in The Netherlands. Ladbrokes and Betfair both challenged the Dutch monopoly on gambling. They lost in the Court of Justice of the European Union, which held that Member States can prohibit the operation of games of chance on the Internet in joined Cases C-203/08 and C-258/08, Sporting Exchange v Minister van Justitie, and Ladbrokes Betting & Gaming, Ladbrokes International v Stichting de Na [...]
    • Don’t Bet on Net Betting

    • Don’t Put Your Money Where Your Mouth Is

    • State aid is more than just statements. Public statements made by French authorities may have helped France Télécom’s (FT) financial standing, but mere words cannot constitute illegal State aid. This was the conclusion of the General Court of the EU in France and Others v Commission, 21 May 2010, and a victory for France and FT. FT is a public limited company quoted on the stock exchange. In 2002, the time relevant to the present case, FT was a group providing telecommunications networks [...]
    • Don’t Put Your Money Where Your Mouth Is

    • Lifting the Liability Cap

    • The catastrophic oil leak caused by the explosion and subsequent sinking of the Deepwater Horizon oil rig in the Gulf of Mexico has lead many to call for changes to the way off-shore oil drilling is regulated, and for companies to be required to pay unlimited damages caused by deep-water drilling accidents and spills. The Justice Department maintains that the current $75 million liability cap should be eliminated in the future, arguing that there should not be an arbitrary cap on corporate re [...]
    • Lifting the Liability Cap

    • Don’t Check in until You Check this Out

    • If your luggage is worth more to you than 1,134.71 euros, you might want to think twice or make special arrangements before checking it in on an European airline. The EU Court of Justice recently confirmed that the liability of European Union air carriers for loss of baggage is limited to EUR 1,134.71, for both material and non-material damage, in Case C-63/09, Axel Walz v Clickair SA. This case arose from an action filed by Axel Walz against the airline Clickair, in Commercial Court No 4 of [...]
    • Don’t Check in until You Check this Out

    • Father Knows Best

    • Round 2 of the Lohan family drama. According to THR,Esq., Lindsay Lohan's father, Michael, will "pursue any and all appropriate legal action" to prevent his daughter from becoming "another Hollywood statistic" because of alcohol and substance abuse. The ubiquitous battle between the Lindsay and her dad came to a head last week when Michael Lohan convinced a sheriff's deputy to help him enter her Hollywood home to check on the welfare of her 16-year-old sister. Lindsay’s lawyer is accusin [...]
    • Father Knows Best

    • Finally a National Cyber Office?

    • In what amounts to an “about time” move, the US House of Representative’s Oversight and Government Reform Government Management Subcommittee has reported a bill that mandates creation of a national office for cyberspace within the White House. The purpose of the proposed office is to oversee government-wide efforts to protect computer systems from terrorist attacks and other threats. Under the proposed legislation, the office would have a Senate-confirmed director and include a panel [...]
    • Finally a National Cyber Office?

    • Decision Distorts Dalí's Will

    • Spanish painter Salvador Dalí died in Spain and established the Spanish State as sole legatee over his intellectual property (IP) rights which are administered by a Spanish foundation and managed by a Spanish society. It seems surreal, then, that French law prevailed over Spanish law in the European Court of Justice’s decision in a dispute about which law governs the resale rights to his works. When surrealist painter Salvador Dalí died, in 1989, he left five heirs at law, who were member [...]
    • Decision Distorts Dalí's Will

    • Merger Creates Largest Airline in the World

    • United Airlines and Continental Airlines have agreed to merge by way of a $3.2 billion share for share exchange. The merged airline will be the largest in the world in terms of traffic, taking a 7% market share (although, for the purposes of this particular ‘first place’, traffic is measured by the total distance flown by passengers, not number of passengers; Delta Air Lines retains top spot in terms of number of passengers…). Completion of the merger is due to take place by the end of [...]
    • Merger Creates Largest Airline in the World

    • Wall Street Reform Express

    • The Senate is attempting to quickly move forward with financial regulatory overhaul. Naturally, though in this election year politics is too often trumping policy. As this issue cuts deeply across both party's bases, the bill will ultimately be enacted though as no one wants to go to the polls in November with Wall Street reform still not done. Senate leaders are hopeful now that an agreement has been reached between the leaders of the Banking Committee, Chairman Christopher Dodd and ranking [...]
    • Wall Street Reform Express

    • Is Privilege in the House?

    • Does the fundamental right to protection of communications between lawyers and their clients extend to in-house counsel? Not under EU law, says Advocate General Kokott in the case of Akzo Nobel Chemicals Ltd and Akcros Chemical Ltd v European Commission (Case C-550/07 P, delivered on 29 April 2010). This question about the scope of legal professional privilege in competition investigations by the European Commission arose in an investigation into a cartel and a related raid at the UK offices [...]
    • Is Privilege in the House?

    • When Settling is Unsettling

    • The much discussed AutoAdmit case, which had been pending for nearly two years, recently settled for undisclosed sums. Too bad. Not for the parties, but for us. This case promised to provide some real guidance and clarification on certain IP, libel and privacy issues in the Internet Age. In the original complaint, two law school students brought a claim against the administrator of a web site and 30 of the site's users for psychological and economic injury. The two plaintiffs were female stud [...]
    • When Settling is Unsettling

    • The Windy City’s Guide of What Not to Wear

    • I must say that reality show "What not to wear" is one of my favorites -- I’m in favor of pointing people in the right direction when it comes to style and dress. That being said, the Chicago Bar Association hosting a fashion show is going a bit too far. According to Styleite, the Chicago Bar Association held a “What Not to Wear” fashion show in order to “teach” lawyers about proper modes of professional dress. According to Above the Law, this panel of legal fashionistas, particula [...]
    • The Windy City’s Guide of What Not to Wear

    • Sale of 3G Licences in India Set to Reap Rewards for Government

    • India is currently in the process of an online auction of 3G licences in which nine mobile operators are bidding for 71 3G slots in the country’s 22 regions. Bids have been aggressive and beyond what many experts believe represent the value of the licences. Proceeds from the sale are expected to reach $8 billion, according to the Government. India’s Department of Telecommunications is running the auction over the Internet. Many observers think that the licences are overvalued and that the r [...]
    • Sale of 3G Licences in India Set to Reap Rewards for Government

    • Financial Reform

    • On Monday, Republicans, united in opposition to what some call the most sweeping overhaul of the United States financial regulatory system since the Great Depression, thwarted an effort to end debate on the matter voting 57 to 41 against cloture, thus falling short of the 60 votes needed to cut off a threatened filibuster of the Democrats’ motion to proceed. So, at least for the moment, the bill has been blocked from reaching the Senate floor for debate. However, Democratic leaders of the S [...]
    • Financial Reform

    • Eruption Causing Disruption

    • When Islandic volcano Eyjafjalla erupted, it caused passengers’ tempers to erupt from the almost total lock-down of European airspace. Some stranded travelers were worried about getting their money back for tickets, food, hotels and phone calls, while others were worried about visa issues. The EU Commission has taken extraordinary measures to deal with this unprecedented situation. Airspace closure has resulted in the disruption of travel of many third country nationals who are subject to a v [...]
    • Eruption Causing Disruption

    • Animal Lovers Beware

    • If you’re a pet lover and feel very strongly about animal rights—this news will make you cringe. According to THR., Esq., the Supreme Court ruled 8-1 to invalidate a law that criminalized Internet sales of videos that show explicit violence against animals. The judgment overturned the conviction of a man sentenced to three years in prison for videos he made about pit bull fights. Here’s the background. A law was passed in 1999 to limit Internet sales of “crush videos”, which appeal t [...]
    • Animal Lovers Beware

    • German Rail Operator to Buy British Transport Group

    • Deutsche Bahn, the largest state-owned railway company in Germany and the biggest railway operator in Europe, has agreed to acquire Arriva plc, the third largest transport group in the UK. The German group will pay consideration of £1.58 billion for the British listed company (a price of 775p a share). Arriva’s largest investors had previously rejected an offer of £1.2 billion made by the German company. Shareholders will now be asked to approve the takeover. Under the terms of the deal, th [...]
    • German Rail Operator to Buy British Transport Group

    • The Taxing Problem of Paying Taxes

    • How taxing is it really to pay your taxes? The reason this comes to mind now is not only is it tax season, but also because of all the gossip surrounding the multitude of celebrities that DO NOT OR HAVE NOT paid their taxes—while the average “Joe” manages to do so just fine. Take Pamela Anderson for example. How is it that with all the money she’s made over the years that she has failed to pay $493,000 in personal income tax. According to Parade.com, Pamela Anderson, the 42-year-old f [...]
    • The Taxing Problem of Paying Taxes

    • Distancing Yourself from Delivery Charges

    • Consumers were delivered a victory in the decision delivered by the Court of Justice of the European Union on April 15, Case C-511/08. They were granted deliverance from paying delivery charges upon withdrawal from distance contracts. This case arose when a German consumer organization, Verbraucherzentrale Nordrhein-Westfalen objected to the terms of sale set by Heinrich Heine, a mail-order company. The specific condition complained of was that the consumer must always pay a flat-rate charge of [...]
    • Distancing Yourself from Delivery Charges

    • Confirmation

    • On Friday, Justice John Paul Stevens announced that he was retiring from the US Supreme Court after 34 years of service on the Court. His retirement is effective one day after the Court rises for this summer’s recess. When he leaves the Court this summer, Justice Stevens, who will then be 90, will have been one of the oldest and longest serving Supreme Court justices in US history. This weekend’s announcement while not unexpected – indeed Justice Stevens had hinted at it for some time – [...]
    • Confirmation

    • Banking on Taxes

    • The EU Commission has suggested a tax on banks in response to requests to come up with novel ways of raising revenue. Novel it’s not, but who cares, as long as it generates 50 billion euros annually, as calculated. On April 1, 2010, the Commission issued a 60-page staff working document called “Innovative financing at a global level”. This was prepared in response to the European Council’s invitation to examine global innovative financing, as well as the European Parliament’s request [...]
    • Banking on Taxes

    • A “Desperate Housewife” Desperate for Cash

    • A story that comes straight from Wisteria Lane. According to THR, Esq., Nicolette Sheridan is suing ABC Entertainment Group, ABC Studios, Touchstone Television and creator Marc Cherry for $20 million, claiming that she was physically assaulted by Cherry and fired when she complained about it. Sheridan says Cherry punched her in the head during production on the series' fifth season. He allegedly apologized but then arranged for her character, Edie Britt, to be killed off the show. Sheridan cla [...]
    • A “Desperate Housewife” Desperate for Cash

    • China’s Geely Buys Volvo from Ford

    • Ford has agreed to sell Volvo Cars to Zhejiang Geely Holding for $1.8 billion, making it the largest acquisition to date of an overseas carmaker by a Chinese company. The consideration was $1.6 billion in cash and the remainder in the form of a loan note. The deal, which is expected to be completed in the third quarter of 2010, is subject to the approval of regulatory authorities. Geely, which is the largest private carmaker in China, founded its car division in 1997. The company operates plant [...]
    • China’s Geely Buys Volvo from Ford
    • How Logo Can You Go?

    • How Logo Can You Go?

    • Last week we wrote about Eurotrash; this week’s post features the “Euro-leaf”-- the EU’s new organic farming logo.  The star-studded green leaf logo pictured at left will soon adorn packages of organic food produced within the European Union. The new organic farming logo, introduced together with Commission Regulation (EU) No 271/2010 of 24 March 2010, as well as Commission Regulation (EC) No 889/2008, is intended to give consumers confidence about the provenance and purity of [...]
    • How Logo Can You Go?

    • Thrifty Business

    • Apparently, some firms feel that it’s ok to charge clients for the time their interns put in even though the interns work for FREE. According to RollOnFriday, Baker Botts –“true capitalists”— have found a way to boost profits in the economic downturn. The firm has been accused of paying its interns zilch, zippo - while charging out their time to its clients. I guess Baker Botts is following in the footsteps of other, smaller firms, namely Gavin Edmondson, which recently advertised fo [...]
    • Thrifty Business

    • Recess Appointment

    • President Obama is taking some heat over 15 recess appointments he made this weekend. What is a recess appointment? Before answering that, it is important to understand what a recess is. From a legislative perspective, a recess is a temporary break in a Congressional (Senate or House of Representative’s) session for a short period of time within the same day. Also, the Senate often recesses overnight rather than adjourning at the end of the day. In the context of recess appointments however, [...]
    • Recess Appointment

    • The Scope of IP Due Diligence

    • An intellectual property practitioner is often requested to perform a due diligence ("DD") review in connection with a potential merger or acquisition. The information, report or summary produced based on such a review varies greatly depending on the nature of the task. While every IP due diligence must be tailored to meet the particular business situation, certain basic steps should always be considered. The first step is to understand the company’s basic products and services. This includes [...]
    • The Scope of IP Due Diligence

    • He Said, She Said --“Gaga” over Lawsuits

    • He Said: Songwriter and ex-boyfriend, Rob Fusari alleges in a $30 million lawsuit that he helped develop Stefani Germanotta, a.k.a “Lady Gaga”, into the talent she is today -- and claims that he even gave her her well-known stage name. According to the NYPost.com, the lawsuit by Rob Fusari Productions begins by stating, "All business is personal. When those personal relationships evolve into romantic entanglements, any corresponding business relationship usually follows the same trajectory [...]
    • He Said, She Said --“Gaga” over Lawsuits

    • EU Court Trashes Italy

    • A new meaning for the term ”Eurotrash” was announced by the Court of Justice of the EU in the case of Commission v Italy, case C-298/08. Italy’s inability to clean up a 2007 garbage crisis around Naples was found to be a violation of the European Waste Directive, in the Court’s opinion. Garbage disposal, or lack thereof, has been a longstanding problem in the region of Campania. Residents have suffered periodic trash emergencies during the past 14 years, which sometimes included rotting [...]
    • EU Court Trashes Italy

    • Unfunded Mandates

    • As President Barak Obama’s health care reform law, a signature piece of his agenda, passed Congress this weekend and will be signed into law tomorrow, there have been cries of unfunded mandates by many members of Congress and state governors as well. Just what is an unfunded mandate? An unfunded mandate is a requirement imposed by Congress on state or local governments with no funding from the federal government to pay for it. As you can imagine, cash strapped states struggling to maintain [...]
    • Unfunded Mandates

    • Monkey See. Monkey Do. Monkey Get Paid??

    • One of the more interesting – and as yet largely untested – questions in the copyright world is who owns the copyright of works of art created by animals, i.e. non-humans. At first glance, this seems like a rather silly question. But in recent years, paintings and other artwork made by animals (mostly monkeys and elephants) have been sold for surprisingly large amounts. And the work of animals is often deemed to be on par with some established human artists. A classic case occurred in 1964 [...]
    • Monkey See. Monkey Do. Monkey Get Paid??

    • Does an Oscar = Divorce??

    • Here is the BIG question, especially for many Hollywood actresses—does winning an Oscar for best actress = divorce?? Well if you look at recent history, it looks like you should be prepared to get divorced once you’ve heard , “and the winner is..” and it’s your name being called. Let’s take a look at the latest victims. According to the Envelope.com --Just days after last year's Oscar winner Kate Winslet announced her split with hubby Sam Mendes, comes the news that the marriage o [...]
    • Does an Oscar = Divorce??

    • Fighting over the Hedge

    • A translatlantic dispute has erupted about proposed new rules for hedge funds. US Treasury Secretary Timothy Geithner has sharply criticized the European Commission’s draft legislation aimed at regulating hedge funds, private equity and other alternative investment vehicles. In a letter to Michel Barnier, the EU Commissioner for the internal market, Geithner objected to the proposed Alternative Investment Fund Managers Directive (AIFMD), saying that it could lead to discrimination against U [...]
    • Fighting over the Hedge

    • Tommy Hilfiger and Calvin Klein to Be under One Owner

    • Phillips-Van Heusen (“PVH”), owner of the Calvin Klein label, has agreed to buy fashion brand Tommy Hilfiger from Apax Partners for $3 billion. The purchase price consists of $2.6 billion in cash and $380 million in shares in PVH. The deal is expected to close within the next three months. If the deal goes through, it will make PVH one of the largest suppliers of menswear to U.S. department stores, and will add another high-profile name to PVH's lineup, which includes Izod and Calvin Klein. [...]
    • Tommy Hilfiger and Calvin Klein to Be under One Owner

    • A Tea Party

    • The Tea Party movement is a fragmented movement of anti big government protesters named after the Boston Tea Party, a 1773 protest by citizens in Boston, Massachusetts against the British government, and an historic event that served as a precursor to the American Revolution in 1776. Indeed, some of today's tea party members compare themselves to the patriots of 1776 and America's Founding Fathers. But what does the 21 century Tea Party stand for? The Mission Statement of the Tea Party Patrio [...]
    • A Tea Party

    • “Milkaholic” Lindsay is Lawyering Up Again

    • Apparently, Lindsay Lohan, aka LiLo, is suing E*Trade for $100 million, for airing a commercial that features a "milkaholic" baby named Lindsay which is causing her “mental distress”, according to MTV.com. Of course LiLo would have everyone believe that she can pull off same celebrity status as Oprah and Madonna who are known by their first names only. It makes one wonder what she is thinking filing such a loser of a lawsuit? According to the NYPost.com, even Lohan's attorney says the “ [...]
    • “Milkaholic” Lindsay is Lawyering Up Again

    • Attention Copad Shoppers

    • The European Court of Justice got into women’s underwear in a recent case from the French Cour de Cassation. In Case C-59/08, Copad SA v Christian Dior couture SA, Société industrielle lingerie (SIL), the fashion house Dior argued that when one of its licensees sold its luxury lingerie to a discount store in breach of the licence, the sale constituted not only a breach of contract, but also an infringement of its trade mark. The background to this was a licence agreement concluded in 2000 [...]
    • Attention Copad Shoppers

    • What is government relations?

    • People often ask what is government relations? The short answer is that it is an educational process mixed in with a liberal amount of advocacy. Simply put, it is an essential component of any business that is subject to government regulations. At its core, government relations is an educational process: educating business and industry leaders about the governmental process; educating officials about the issues important to business or other constituencies; and educating governmental and busine [...]
    • What is government relations?

    • Facebook CEO in No Rush to Launch IPO

    • 25 year-old Facebook Chief Executive Mark Zuckerberg has declared that the company will eventually launch an initial public offering (IPO) but added “we are definitely in no rush” to do so. There has been a lot of speculation recently that the social-networking site, which is one of the Internet’s most popular destinations with some 400 million users, will go public. However, as Mr. Zuckerberg stated last year as well, an IPO is not really the end goal for this particular start-up. “We [...]
    • Facebook CEO in No Rush to Launch IPO

    • EU watchdog makes it easier to blow the whistle

    • An online reporting system is the latest weapon in OLAF’s (the European Anti-Fraud Office) arsenal for fighting financial crime against the EU. OLAF, the EU’s financial watchdog agency, has a mandate to protect the economic interests of the Union by combating fraud, corruption and official misconduct within the EU's institutions. Because this sort of crime is difficult to detect, OLAF has always depended on tips from citizens, businesses and EU employees. During the last few years, this inf [...]
    • EU watchdog makes it easier to blow the whistle

    • Where's the Beef?!!!

    • Blimpie’s is being sued by Jennifer Clayton and Ronald Williams, two unsatisfied customers who allege that the Super Stacked Sub is far from “stacked”. According to Above the Law, the two Illinois residents have filed a class action lawsuit against Blimpie--allowing anyone in Illinois who believes that Blimpie cheated them on sandwich meat to receive "compensation for costs and attorney fees and other relief deemed 'just and appropriate.'" The plaintiffs allege that Blimpie advertises it [...]
    • Where's the Beef?!!!

    • Are We Exclusive?

    • When is an “exclusive” license not exclusive? This is a question that arises in a surprising number of disputes involving license agreements. Too many contract drafters rely on certain terminology under the assumption that such terms have common meanings in a particular industry. But even a common contract term such as “exclusive” may have different meanings in competing jurisdictions. The broadest scope of license that can be granted is an "exclusive" license. An exclusive license excl [...]
    • Are We Exclusive?

    • Reaching the Summit

    • Last week the press, both in the US and internationally, devoted a significant amount of coverage to President Obama’s bipartisan health summit. So what is a summit? A summit is generally understood to be a meeting of heads of state, i.e. heads of governments. However, it can also be used to describe a meeting of leaders in any field. Last week’s health summit in Washington was a meeting of US political leaders. The Obama health summit was meant to help leading lawmakers from both parties, [...]
    • Reaching the Summit

    • Micromanaging Maternity Leave

    • Extending maternity leave throughout the EU was the gist of draft legislation passed by a committee of the European Parliament this week. The MEPs (members of the European Parliament) on the Women’s Rights Committee backed the committee’s report which suggested updating the Pregnant Workers Directive. They voted to increase the minimum compulsory maternity leave from 14 to 20 weeks, at full pay. Six of these weeks would have to be taken immediately after childbirth. They also proposed a [...]
    • Micromanaging Maternity Leave

    • The price you pay for your 15 minutes

    • Let’s take a look at one ubiquitous form of Reality TV - families. A prime example is Jon & Kate Plus 8. You take a lot of money to have your entire family filmed and then suddenly when things are not going your way you want to pull the plug? Contracts are signed, money is doled out you (Jon-specifically) get a taste of the limelight and don’t know when to quit—and that’s where the trouble starts. According to People, the nasty fight between TLC, the network that broadcasts the tel [...]
    • The price you pay for your 15 minutes

    • iPad = iProblem?

    • The introduction and upcoming launch of Apple’s new iPad has been the subject of much discussion within the world of IT. The name of the product is already a source of contention. Numerous other companies including Fujitsu, Magtek and Siemens already use the name iPad as a trademark for various goods. (Fujitsu’s iPad is a mobile device with a touchscreen display; Magtek makes an iPad encrypted credit-card swiper; Seimens uses the iPad brand on its engines and motors). In fact, Fujitsu has a [...]
    • iPad = iProblem?

    • Beer Giants Report Lower Consumption

    • Two of Europe's largest brewers, Heineken and Carlsberg, have reported a surge in profits for 2009 as both companies cut their costs. However, they also reported a drop in sales volumes as a result of the economic crisis. Heineken has forecast lower beer consumption in many regions this year. Heineken said its annual profit rose to 1.05 billion euros, a 4% increase on its profit in 2008. Revenues increased by 2.7% to 14.7 billion euros thanks to rises in prices. But beer volumes fell 1.5% overa [...]
    • Beer Giants Report Lower Consumption

    • Reconciliation

    • According to press accounts, the United States Congress is in a state of irreconcilable conflict due to differences among the two major political parties. Ironically, the ongoing healthcare reform debate, which has been dragging on for nearly a year, could lead to “reconciliation”. Let me explain. President Obama released the text of a new proposal for healthcare reform yesterday and according to the White House it has been carefully drafted in anticipation of a Republican filibuster attemp [...]
    • Reconciliation

    • Zero Tolerance for Death Penalty

    • As part of the EU’s efforts to achieve a death penalty free world, the EU presidency is trying to stop an execution in the United States. The Ambassador of Spain to the US, on behalf of the Spanish Presidency of the EU, has written a letter to the Governor of the state of Arkansas, making a humanitarian appeal to grant Jack Harold Jones relief from the death penalty. Jones was convicted of capital murder and sentenced to the death penalty for raping and killing a woman and assaulting her daug [...]
    • Zero Tolerance for Death Penalty

    • Importance of IP Due Diligence

    • A due diligence review is important for evaluating all aspects of a potential merger or acquisition. If a due diligence review is being conducted on behalf of the buyer, the information gathering process, including that relating to intellectual property, is a means of discovering as much as possible about the status of the target. A comprehensive and thorough IP due diligence requires significantly more than merely compiling a list of the company’s registrations and other IP assets. Not only m [...]
    • Importance of IP Due Diligence

    • Marriage 101 - Loose screws

    • What are we to think about marriage nowadays with all the numbnuts out there screwing it up—I must say elite/celebrity divorce lawyers must have their pockets lined with gold, when I look at today’s headlines. The particular “numbnut” that comes to mind is Mark Sanford, the Governor of South Carolina. Governor Sanford confessed to adultery after his so called “hike” on the Appalachian trail when he was really “hiking it up” in Argentina. One of the best posts I’ve read on thi [...]
    • Marriage 101 - Loose screws

    • Oneworld to Take Over the World?

    • The U.S. Department of Transportation (DoT) gave its tentative approval to grant antitrust immunity to five partners of oneworld to form a global alliance. Oneworld is one of the world’s three largest global airline alliances. The DoT previously granted immunity to oneworld's larger rivals Star Alliance and the SkyTeam Alliance. The five partner airlines are American Airlines, British Airways, Iberia Airlines, Finnair and Royal Jordanian Airlines. If the DoT’s decision is made final, these [...]
    • Oneworld to Take Over the World?

    • New European Commission Finally Good to Go

    • After months of delays, the European Parliament finally approved the new European Commission on March 9, 2010. This cleared the way for the 27-member team (one from each member state), led by President Jose Manuel Barroso, to take office for a 5-year term. The vote resulted in a generous majority in favor, 488, with 137 votes against and 72 abstentions. EU rules require a “take it or leave it” vote meaning that the MEPs (Members of the European Parliament) could only vote on the Commission [...]
    • New European Commission Finally Good to Go

    • Pork

    • In last week's post on holds I mentioned that a senator was blocking action in the Senate by placing a hold on 70 presidential nominees. The reason he placed this blanket hold was to secure government funding of projects in his home state. Such projects are commonly referred to as pork or pork-barrel spending in the US -- they have various other names the world over such as election pork, election sausage, electoral alms, election sweetener, or simply patronage. In essence, pork is a derogatory [...]
    • Pork

    • Naked Licenses (not as exciting as they sound)

    • Given the nature of trademarks as source identifiers, trademark owners are often required by law to maintain a close connection with the licensee to ensure that the quality standards are maintained so that the consumer is not deceived. Failure to maintain some quality control over the use by the licensee can actually result in a forfeiture or abandonment of trademark rights. Such licenses (where the licensor fails to maintain the proper control over the use by the licensee) are often referred to [...]
    • Naked Licenses (not as exciting as they sound)

    • Shareholders Support De Beers' $1 Billion Rights Issue

    • The owners of De Beers, the world's largest diamond company, have responded to a cash call by the company by agreeing to participate in a $1 billion rights issue. De Beers only has three shareholders: Anglo American (which owns 45 percent), the Oppenheimer family (40 percent) and the Government of Botswana (15 percent). The company needs to raise funds after sales were hit last year by the recession, which has also affected other companies operating in the luxury goods market. The fall in deman [...]
    • Shareholders Support De Beers' $1 Billion Rights Issue

    • Love (Courtney-that is) the Right to Free Speech

    • I recently wrote about hearsay and defamation but there’s a deeper issue that I didn’t touch upon and that’s the constitutional right to the freedom of speech—after all it’s an absolute right or is it??? Firstly, let’s clarify some basic points regarding the First Amendment. The First Amendment protects the right to freedom of religion and freedom of expression from government interference. In other words, the right to freedom of speech allows individuals to express themselves wi [...]
    • Love (Courtney-that is) the Right to Free Speech

    • Hold on

    • As we've previously written, many lawyers are familiar with the use of the term holding to describe a court's ruling. However, lawyers and public policy professionals in the US use hold in another, very specific context. As the news has reported in recent days, one senator can hold up action on any and all items in the Senate through the use of a hold. Indeed one senator, Senator Richard Shelby, has in the past week, though he subsequently reduced the broad scope of it. Until this week he had be [...]
    • Hold on

    • Inside the head of the insider

    • The Court of Justice of the European Union (ECJ) was given the task of getting inside the phrase “use of inside information”, by the Court of Appeals of Brussels in the case of Spector Photo Group NV, Chris Van Raemdonck v Commissie voor het Bank, Financie- en Assurantiewezen (CBFA), Case C-45/08. This case arose from a series of dealings by the Belgian company Spector, which bought a number of its own shares on the Brussels stock exchange (Euronext Brussels) in order to implement a stock [...]
    • Inside the head of the insider

    • Policing Trademarks: How Much is Too Much?

    • Once a trademark has been registered, it is often the responsibility of a trademark lawyer or agent to adequately police the marks. Trademarks must be actively used and defended. A company which fails to defend a trademark against infringement may lose some or all of its exclusive rights. Obviously, the most effective trademark policing program is one that allows a company to maintain and maximize its rights while avoiding the need for expensive litigation. This can be accomplished by setting up [...]
    • Policing Trademarks: How Much is Too Much?

    • Dare I say hearsay?

    • Nowadays it’s tough to keep things a secret--we’ve become a culture of bloggers, tweeters and face bookers and there’s a lot of information flying around in cyberspace. Everybody loves a good and juicy tidbit-- it seems that it’s a daily ritual to see what’s being said on online gossip sites. But when does gossip cross the line— with on-line gossip sites popping up all over the place how do we keep an eye on what’s true or not (hearsay) or possibly defamatory—oh, oh….I mean j [...]
    • Dare I say hearsay?

    • Kraft to Take over Cadbury

    • Cadbury is to be taken over by the US food company Kraft Foods. The board of directors of Cadbury advised its shareholders to accept an offer from Kraft valuing the company at £11.7 billion ($18.6 billion), with 60 percent of the purchase price to be paid in cash and the remainder in new Kraft shares. Cadbury’s shares are currently listed on the London Stock Exchange. The board had rejected previous offers made by Kraft, but is recommending the higher bid to shareholders, who are expected t [...]
    • Kraft to Take over Cadbury

    • The Stockholm Programme

    • The Stockholm Programme ("Programme") was the jewel in the crown of the Swedish Presidency of the EU.  The Stockholm Programme sets out the EU’s legislative agenda in the area of justice and home affairs (JHA) for the years 2010-20014.  It builds on the Hague Programme which was the plan for JHA cooperation for the last five years, which, in its turn, had followed the Tampere Programme.  On November 25, 2009, the European Parliament supported the proposals by a wide majority, and the Presid [...]
    • The Stockholm Programme

    • Cloture

    • We've previously discussed filibusters in this series and this naturally leads to the question of how to end a filibuster in the US Senate. To refresh then, there is a tradition of open and unlimited debate in the Senate and Senators have the right of extended debate, which allows any Senator to speak on any matter for as long as he or she wishes. This right of extended debate can lead to filibusters, which is any attempt to block or delay Senate action on a matter by debating it at length, by [...]
    • Cloture

    • The Evolution of the Cybersquatter

    • The emergence of the Uniform Dispute Resolution Policy (“UDRP”) and other dispute resolution procedures have made it increasingly difficult for others to make money from traditional forms of cybersquatting. It is much more difficult for a traditional cybersquatter to successfully extort money from a trademark owner in return for a particular domain name. Also, due to greater awareness, most large companies are now proactive in confronting the problem -- registering domain names for their com [...]
    • The Evolution of the Cybersquatter
    • Getting the Axe

    • Getting the Axe

    • What’s the right way to fire a trainee?? Hmmm let’s see … by post it, e-mail or voice mail -- what’s going on these days- do partners and managers lack the courage to fire someone face-to-face?? According to thelondonpaper, face-to-face is not the practice of Freshfields Bruckhaus Deringer which left phone messages for some trainee solicitors telling them that they had missed out on permanent jobs, after a two year traineeship. Human resources workers phoned trainees to tell t [...]
    • Getting the Axe

    • GM Strikes Deal to Sell Saab

    • Saab will not be wound up as was expected. A deal has been struck between General Motors (GM), its US parent company, and Spyker, a Dutch company, to sell the Swedish carmaker for $74 million in cash plus shares in Saab worth $326 million. The transaction, which is subject to regulatory approval, is expected to be completed in mid-February. GM put the company up for sale a year ago as part of its restructuring plan, which emerged from bankruptcy protection. Despite there being several parties i [...]
    • GM Strikes Deal to Sell Saab

    • Lisbon Treaty Changes EU's Court of Justice

    • After lengthy negotiations and several referendums, the Treaty of Lisbon was finally ratified by all 27 Member States of the European Union in November 2009, and entered into force on 1 December 2009. The Treaty modifies the organisation of the court and adds to its jurisdictional scope. The European Community has been replaced by the European Union, which now has legal personality, and the three-pillar structure of the Maastricht Treaty has been abolished. The court is now known as the Court o [...]
    • Lisbon Treaty Changes EU's Court of Justice

    • The Volcker Rule

    • This week, President Obama announced that he will push a controversial new rule that would force banks to choose between being a commercial institution or an investment bank. The plan is named the Volcker Rule after former Federal Reserve Chairman Paul Volcker, who has pushed to prohibit commercial banks from engaging in so-called proprietary trading, that is transactions conducted for an institution’s own benefit as opposed to transactions carried out for clients, because he deems it is too r [...]
    • The Volcker Rule

    • Filibuster

    • There is a lot of attention being focused on the health care reform debate in America at the moment and many commentators do not understand why a bill has not yet been enacted into law. After all, President Obama has a Democratic majority in the House of Representatives and the Senate as well. So the simple question is, “Why can’t he drive his health care reform legislation through?” Naturally, the answer is more complicated, but it basically boils down to the right of extended debate in [...]
    • Filibuster

    • The Party of the First Part

    • In The Party of the the First Part: The Curious World of Legalese, author Adam J. Freedman takes an hilarious look at legalese and the struggle between the Precision School of legal drafting, which holds that lawyers must use complex language to achieve the precision the law requires, and the Plain English camp, which maintains that clarity and accessibility need not be sacrificed to achieve precision. As an added bonus, Amazon also hosts a blog for Mr. Freedman that covers the curious world [...]
    • The Party of the First Part

    • Ralph Waldo Emerson

    • "The good lawyer is not the man who has an eye to every side and angle of contingency, and qualifies all his qualifications, but who throws himself on your part so heartily, that he can get you out of a scrape." - Ralph Waldo Emerson [...]
    • Ralph Waldo Emerson

    • Edmund Burke

    • "People crushed by law have no hopes but from power. If laws are their enemies, they will be enemies to laws; and those, who have much to hope and nothing to lose, will always be dangerous, more or less." - Edmund Burke [...]
    • Edmund Burke

    • Robert Frost

    • "A jury consists of twelve persons chosen to decide who has the better lawyer." - Robert Frost [...]
    • Robert Frost

    • The Old Bailey

    • The Proceedings of the Old Bailey allows users to search "the largest body of texts detailing the lives of non-elite people ever published" The database contain 197,745 criminal trials held at London's central criminal court from 1674-1913. [...]
    • The Old Bailey

    • Fry's English Delight

    • On the BBC's, Fry's English Delight, host actor Stephen Fry explores the "highways and byways of the English language". It's an interesting and fun exploration of the English language - even touching  on Legal English in one episode. [...]
    • Fry's English Delight

    • Defamation on Facebook

    • The increased use of free social networking websites, like Facebook, also has a downside. In the UK a court has awarded Mr Mathew Firsht a considerable amount of damages after he discovered that a false profile of himself had been created on Facebook. Mr Firsht runs a company called Applause Store Productions which provides live audiences for television shows. On 4 July 2007 Mr Firsht discovered that a profile of him had been made on Facebook containing incorrect and defamatory information. Face [...]
    • Defamation on Facebook

    • Giving hedge fund investors more power

    • A derivative action is an action brought by a shareholder on behalf of the company when a wrong has been committed against the company. In the case of Foss v. Harbottle (1843), the court decided that the proper claimant in an action in respect of a wrong alleged to be done to a company is, prima facie, the company itself. However, there are several exceptions. In relation to hedge funds, the question is whether a shareholder who owns shares in a parent company to the subsidiary which has suffer [...]
    • Giving hedge fund investors more power

    • West Headnote of the Day

    • The West Headnote of the Day is a fun way to brush up on litigation terminology as well as the terminology of the substantive law in dispute. You can read the most recent West Headnote of the Day here, and subscribe to receive the daily e-mail here. [...]
    • West Headnote of the Day

    • The Commission can’t keep a secret

    • A secret regulation cannot be enforced against individuals, ruled the European Court of Justice in a judgment announced on March 10, 2009. In Case C-345/06, proceedings brought by Gottfried Heinrich, the court established that a list of articles that are prohibited on board aeroplanes had no binding force on individuals because it had not been published in the Official Journal of the European Union. In 2002 , during the post- 9/11 wave of anti-terrorist legislation, the European Parliament a [...]
    • The Commission can’t keep a secret

    • SOX

    • SOX is a popular name for the Sarbanes-Oxley Act of 2002, which is the U.S. government's legislative response to corporate and accounting scandals such as Enron, WorldCom and Adelphia. SOX establishes new and  enhanced standards for all public company boards and management as well as public accounting firms ranging from corporate board responsibilities to criminal penalties to strengthening corporate accounting controls. [...]
    • SOX

    • Eurojargon

    • Eurojargon describes itself as a plain language guide to Eurojargon -- the specialized language characteristic of people within the EU institutions. Similar to Beltway-ese which is the jargon used inside the Beltway in government offices and Congress and among lobbyists in Washington, DC. Eurojargon is a great reseorce for penatrating Europen Union jargon. [...]
    • Eurojargon