OCS featured in The Lawyer: UK & US Lawyers Relocating to Israel

The following is an excerpt from an article entitled “Shalom”, written by James Swift, in the August 16, 2010 edition of  The Lawyer magazine: “Outside Counsel Solutions (OCS) has a ­similar remit. Established in 2003, the firm started life as a subsidiary of telecoms ­company IDT. But when the company began divesting its non-core assets...

Monitoring Employee Electronic Communications: A Violation of an Employee’s Right to Privacy?

With the increasingly significant role that electronic communications such as email and text messages play in the work place, employers often face the question of whether they have the right to monitor these communications, or whether doing so would violate an employee’s right to privacy. In City of Ontario California v. Quon, 560 U.S., ___ (2010),...

If my only contact with a state is my website, can I be sued there?

A recent decision by the United States Court of Appeals for the Second Circuit in Penguin Group (USA) Inc. v. American Buddha may make it easier for New York plaintiffs asserting copyright infringement over the Internet to haul infringers into court in New York. The plaintiff in Penguin was the U.S. branch of the internationally renowned Penguin Group publishing...

Watch Your Words When Drafting a Settlement and Release

Say what you mean and mean what you say. That’s the message from the Delaware Court of Chancery in a recent case involving an agreement between two parties to settle their dispute. When the parties then began to fight over exactly what they had agreed to settle, the court dissected their agreement word for word. The case started when CorVel Enterprise...

Supreme Court Expands Scope of Deferential Review of ERISA Plan Administrators’ Determinations

The U.S. Supreme Court’s recent ruling in Conkright v. Frommert, [1] highlights the importance of ensuring that an ERISA plan’s documents explicitly grant discretionary authority to the plan administrator to interpret the plan and resolve ambiguities. The ruling affirms that a court will not second guess an administrator armed with such authority even...

When Is A Copyright Registered?

At what point in time is a copyright application considered to be “registered” so that the owner of the copyright can sue for damages under the U.S. Copyright Act of 1976? Is it when the copyright holder’s application is received by the Copyright Office (the “application approach”)? Or is it when the Copyright Office issues a certificate of registration...