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18 September 2015 / Roger Smith
Issue: 7668 / Categories: Opinion
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Across the pond

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Roger Smith surveys legal news on the other side of the Atlantic

A summer stay in Saratoga Springs, once famous for its spas and now for its racecourse, has reawakened an interest in US legal developments. This was largely because I was staying on a lake with a fellow lawyer interested in discussing such matters. He also encouraged me to renew my digital subscription to The New York Times, whose coverage of legal—as other—issues puts even the best of the British press in the shade. But, had I been more aware of history at the time, it might also have been—as a judge later pointed out to me—because the city was the birthplace of the American Bar Association (ABA) in 1878. This had from the beginning high aspirations for its members. They were to be “attorneys of unquestionable professional attainments, men who made waves in their community, state and nation”. Certainly, there are enough issues to detain men, and now women, of such eminence—many of them very similar to those over here.

Terrorism & the rule

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MOVERS & SHAKERS

NLJ Career Profile: Ken Fowlie, Stowe Family Law

NLJ Career Profile: Ken Fowlie, Stowe Family Law

Ken Fowlie, chairman of Stowe Family Law, reflects on more than 30 years in legal services after ‘falling into law’

Gardner Leader—Michelle Morgan & Catherine Morris

Gardner Leader—Michelle Morgan & Catherine Morris

Regional law firm expands employment team with partner and senior associate hires

Freeths—Carly Harwood & Tom Newton

Freeths—Carly Harwood & Tom Newton

Nottinghamtrusts, estates and tax team welcomes two senior associates

NEWS
Children can claim for ‘lost years’ damages in personal injury cases, the Supreme Court has held in a landmark judgment
The cab-rank rule remains a bulwark of the rule of law, yet lawyers are increasingly judged by their clients’ causes. Writing in NLJ this week, Ian McDougall, president of the LexisNexis Rule of Law Foundation, warns that conflating representation with endorsement is a ‘clear and present danger’
Holiday lets may promise easy returns, but restrictive covenants can swiftly scupper plans. Writing in NLJ this week, Andrew Francis of Serle Court recounts how covenants limiting use to a ‘private dwelling house’ or ‘private residence’ have repeatedly defeated short-term letting schemes
Artificial intelligence (AI) is already embedded in the civil courts, but regulation lags behind practice. Writing in NLJ this week, Ben Roe of Baker McKenzie charts a landscape where AI assists with transcription, case management and document handling, yet raises acute concerns over evidence, advocacy and even judgment-writing
The Supreme Court has drawn a firm line under branding creativity in regulated markets. In Dairy UK Ltd v Oatly AB, it ruled that Oatly’s ‘post-milk generation’ trade mark unlawfully deployed a protected dairy designation. In NLJ this week, Asima Rana of DWF explains that the court prioritised ‘regulatory clarity over creative branding choices’, holding that ‘designation’ extends beyond product names to marketing slogans
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