"E-Discovery in the Criminal Context: Considerations for Company Counsel," Digital Discovery & E-Evidence, Vol. 9, No. 10, BNA, Inc. (October 1, 2009). Co-Authors: Stephen M. Byers and Justin P. Murphy.
Crowell & Moring LLP White Collar & Securities Litigation Group and E-Discovery and Information Management Group attorneys Stephen M. Byers and Justin P. Murphy write about the evolving world of criminal e-discovery, and the impact it has on subpoena compliance, search warrants, and post-indictment discovery.
Crowell & Moring LLP Product Risk Management Group partner and co-chair Bridget E. Calhoun, and associates Lauren B. Patterson and Kathryn M. Johnson, write about what sellers of all types of consumer products, not just sellers of children’s products, should know to reduce the risk of noncompliance with the Consumer Product Safety Improvement Act of 2008. The article discusses how this act applies to all types of consumer product companies, and a variety of measures they can take to better position themselves to comply with the law and respond quickly to minimize legal risks if consumer product safety issues do arise.
Brussels-based Crowell & Moring Intellectual Property Group partner Flip Petillion is featured in the September 2009 issue of Managing Intellectual Property where he discusses the relatively new concept of how trade mark owners can create fluid marks or mutating marks. Petillion discusses how, in such cases, the mark itself is not replaced but instead exists in one or more variants with the underlying mark. According to Petillion, Fluid trademarks can be used during particular periods of the year for the launch of new products and during special sales promotions and can be used just once or for a longer period of time. The most notable examples are Google and Coca Cola who have developed successful fluid trade mark strategies. He also discusses how courts in Europe have dealt with the concept of fluid trademarks when deciding whether it has been infringed.
Christopher E. Ondeck, partner and vice chair of Crowell & Moring LLP's Antitrust Group, and counsel Shawn R. Johnson write about how many Wall Street banks are now under investigation by the Department of Justice for their involvement with consortium deals. According to Ondeck and Johnson, the antitrust division of the Department of Justice has a renewed focus on banking joint ventures, with particular emphasis on electronic trading, clearing and information reporting platforms.