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97/01/24: "Keep Your Advertising from Attracting a Lawsuit," Construction Marketing Network, (formerly at http://www.cmarket.net/FEATURES/a19970124.htm):

"In many product liability lawsuits, plaintiffs allege that manufacturers' promotional efforts played a role in causing their injuries. Here's how you can reduce your risk, according to attorney Lawrence Savell, writing in BrandWeek:

"Don't make promises. Don't use the words guarantee, warranty, or promise. Qualify your language by using less-definite words like may, might, or could, or by referring to results as possible, estimated, or variable. Also, make sure your product is depicted the way you want it to be in the photo or illustration, especially with regard to safety issues.

"Realize the limitations of warnings. First, a plaintiff might argue that the warning was insufficient or that other laudatory statements undercut its effect. Second, a plaintiff might argue that the warning itself is a concession that you are aware of some inherent risk in using your product.

"Think like a plaintiff. While the law allows some latitude in puffery or sales talk about products, be vigilant in evaluating all potentially troublesome language."

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97/03/24: "$223 Million Libel Verdict Against Dow Jones Could Prove Chilling to Journalists if Upheld," Folio: First Day, at 1, 3:

"'It is a matter of concern, because if the judgment stands and is upheld, it sets a precedent for damages that would cripple most media organizations,' said Lawrence Savell, a lawyer with New York City-based Chadbourne & Parke. 'The effect of the judgment is that it will cause media companies to seriously consider what they put into print, and also the amount of libel insurance that they carry.'"

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97/07/21: "Laptop PCs Invade the Desktop But Some Lawyers Balk at Taking Them Home," New York Law Journal, at S3, formerly at http://www.ljx.com/lawfirmmanagement/article/lat/laptop.htm and http://www.ljx.com/lawfirmmanagement/express/072897/laptop.htm (available in LEXIS-NEXIS News Library):

"What brings Chadbourne & Parke litigator Lawrence Savell to Bryant Park on Saturday mornings? Hint: It's thin, sleek and mobile. Savell's NEC laptop lets him work wherever he wants.

'''It is a big investment,'' said Lawrence Savell, of counsel in Chadbourne's litigation department. But the idea is to use the machine outside the office, as well. ''If it's a more pleasant thing to look at, you'll be willing to look at it for a longer amount of time.'' Mr. Savell, for one, has decided to take advantage of his laptop, spending Saturday mornings in Bryant Park, where he can work for an hour and a half until his battery dies. ''I'd rather be there than in the office,'' he explained. ''I can maintain a semblance of a personal life.'"

"While the ability to use the same computer at all times is, without question, the biggest advantage to using the machines, it is also a major cause of concern. 'The downside is that you do not want to lose your machine,' explained Mr. Savell."

"At Chadbourne, both Mr. Savell and Mr. Max point to the weight of current laptops as their biggest drawback."

'''A slower processor is not a big deal for word processing,'' explained Mr. Savell. ''But you want to see a reduction in weight. You want it as if you didn't know the machine was there.'''

"But these smaller machines, said Mr. Savell, offer reduced features. While the Libretto offers an active-matrix screen, the display area is just 6.1 inches. The keyboard is less than full size and the microprocessor a 75-MHz Pentium chip."

[Cover: First color photograph in New York Law Journal History! (Note: File size is 184KB!)]  View High-Resolution .PDF Version

97/07/30: "B&W Seeks Order Overturning Orders On Subpoenas To CBS," Mealey's Litigation Reporter (listing counsel on this media law litigation) 

97/08/20: "E-Rights Case Vindicates Publishers," Folio: First Day, at 1-2:

"'I think the implication [of this ruling] is very positive for publishers,' says Lawrence Savell, a litigator who concentrates on media law for the New York City-based firm Chadbourne & Park."

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97/09/15: "First round in e-rights case goes to publishers," Folio: the Magazine for Magazine Management, at 12 (available in LEXIS-NEXIS News Library):

"'I think the implication [of this ruling] is very positive for publishers,' says Lawrence Savell, a litigator who concentrates on media law for the New York City-based firm Chadbourne & Park."

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Northern Lights database:
Summary: "In a decision that surprised many industry observers, six freelance writers lost a copyright infringement suit over electronic reprint rights on August 13."
Subject(s): "Freelance writers--Cases; Periodical publishing--Cases; Data base industry--Cases; Copyright--Cases"; "(electronic publishing rights)"

97/09/29: "MPA-ASME Statement: What will It Change?," Folio:First Day, at 1-2/"Will Magazines Live Up to New Advertiser Policy?," Media Daily (available in LEXIS-NEXIS News Library):

"Media lawyer Lawrence Savell, with the New York law firm of Chadbourne & Parke, is among those who think the MPA-ASME's official stance isn't enough ammunition for all publishers and editors. Some magazines' 'predominant concern,' he points out, 'is having adequate ad pages to survive, and different magazines may be somewhat willing to make certain accommodations ... or actually go so far as to give the advertiser some say over what the content should be.'"

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97/10: Car Collector letter:

"Thanks Savell

"One of your best monthly articles has to be Lawrence Savell's 'Old Cars In Law.' I was especially interested in the August column 'Picks Of The Litter,' regarding a car lot full of antique cars that were turning to junk. I own nine collectible cars that are worth a lot of money because I don't let 'young saplings grow up between the cars.' Even though the owner had a chance to clean up his act, the collectibles turned into a nuisance and had to be removed.

"Arne Stream, Grand Rapids, MI"

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97/10-11: "Ad-Vantage: How To Attract Customers Without Attracting A Lawsuit," Business 97, at 54-55:

"But when those claims put into print -- via advertising -- the money you've sunk into promoting your products or services can actually work against you, says Lawrence Savell, an attorney specializing in product liability defense with the New York law firm of Chadbourne & Parke LLP.

"'The problem is that ads typically say something about a product's quality, performance, results, ease of use or safety,' says Savell. 'Many product liability lawsuits take aim at the very image such efforts strive to create, claiming the message is false or misleading.'

"According to Savell, less definite words such as 'may,' 'might' and 'could' will keep you out of trouble. So will referring to results as 'possible,' 'variable' or 'estimated.' That way, you're not making a specific warranty or promise.

"Play Devil's Advocate

"Savell suggests that you put yourself in the place of a potential plaintiff: How could somebody use your advertising against you? Look closely at your ads, Savell says. Eliminate language or claims you wouldn't want used against you.

"Beware of Guarantees

"Savell and Kimball both advise against making outrageous promises or exaggerated guarantees about a product or service.

"Be Positive, Not Specific

"But Savell adds a note of caution. 'Some courts have demonstrated an inclination toward narrowing the scope of the 'puffing' defense and expanding liability for broad statements by manufacturers as to the quality of their products.'

"Safe or Not?

"Similarly, Savell says, a statement claiming a product is 'free from elements that might cause injury' could be asking for trouble. He cites a case in Maryland where a person was injured after eating a bone in a supposedly bone-free chicken soup. The court ruled in favor of the plaintiff.

"Similarly, Savell says, a drain cleaner described as 'safe' if you stick your hand in it should be safe for all ages, even if only intended for use by an adult. His advice; Avoid words such as safe, non-breakable, risk-free, harmless, foolproof or accident-proof. If you advertise safety improvements, don't imply that things were previously unsafe.

"'If for competitive reasons, you feel the need to make advertising claims despite a litigation risk, at least limit such language to comparative statements rather than absolutes,' says Savell. For example, use 'safer' or 'increased safety' instead of 'safe', or 'minimal maintenance' rather than 'maintenance-free.'

"When to Seek Advice

"No matter how much advice you receive, you could still be sued by a dissatisfied or injured customer. Should that occur, Savell strongly advises seeking immediate legal help."

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97/11/01: "ASME, MPA restate ad policy," Folio: the Magazine for Magazine Management, at 15:

"Media lawyer Lawrence Savell, with the New York City-based law firm of Chadbourne & Parke, is among those who think the MPA-ASME's official stance doesn't provide enough ammunition for all publishers and editors. The predominant concern of some magazines, he points out, 'is having adequate ad pages to survive, and different magazines maybe somewhat willing to make certain accommodations . . . or actually go so far as to give the advertiser some say over what the content should be.'"

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97/11/12: "'HIT MAN' RULING IMPLICATIONS: Why Publishers Should be Worried," E&P Interactive (formerly at http://www.mediainfo.com/ephome/news/newshtm/stories/111297n1.htm):

"In an assessment of the ruling issued this morning, attorney Lawrence Savell of Chadbourne & Parke LLP, said that such a precedent, if upheld in further appeals, could even affect newspapers that publish advertisements for potentially illegal activities such as 'escort services.' Savell represents a number of national magazines and other publishing companies."

"Today, Savell warned that the ruling may have 'a chilling effect on publishers whose works depict criminal activities,' and that 'countless works … could fall within the broad scope of publications that contain descriptions -- often graphic and specific -- of illegal acts.'"

"'It raises the issue whether a publication can be held responsible for the actions of others who read its content and choose to act upon it. Such an issue is obviously of concern to many publishers, including those whose publications describe dangerous or hazardous activities or products. Note that one of the amici filing a brief was the Horror Writers Association. It may also be of concern to publishers who run advertisements in their periodicals for potentially illegal activities, such as "escort services".'"

"Savell noted that for the purposes of the summary judgement proceeding, Paladin had 'stipulated that it was liable for the murders unless the First Amendment was a complete defense to the action. This included a stipulation that the killer had followed the book's instructions, that Paladin had "intended to attract and assist criminals and would-be criminals who desire information and instructions on how to commit crimes," that it intended and had knowledge that the book would be used by criminals "upon receipt" to plan and execute the crime of murder for hire, and that it assisted the particular killer in perpetrating these particular murders.'"

"Savell went on to explain that 'such a stipulation (which the court described as "astonishing" and made in "taunting defiance"), which basically takes the plaintiffs' most biased allegations as true, created a very extreme and one-sided set of facts for purposes of deciding whether to dismiss the case, which made the court's decision far easier.'"

"'Basically, Paladin's position is and was: "information doesn't kill; people do." The court ruled that "the First Amendment does not pose a bar to a finding that Paladin is civilly liable as an aider and abetter of [the] triple contract murder," and that the plaintiffs stated a claim against the publisher sufficient to withstand its motion for summary judgment.'"

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97/11/14: "First Amendment Does Not Protect Publisher From Product Liability Lawsuit," Product Safety & Liability Reporter, at 1064-1066:

"Media law attorney Lawrence Savell said Paladin's stipulations basically took the plaintiffs' most biased allegations as true, creating a very extreme and one-sided set of facts that made it far easier for the court to rule for the plaintiffs.

"Savell, with Chadbourne & Parke in New York, said Paladin chose not to raise in its defense that the book had been available for 10 years before Perry obtained it, that the killer purchased it a year before the murders, or that Perry may have learned what he knew about murder while in prison. The book was also written in a tongue-in-cheek style, Savell added, and contained a disclaimer.

"'Basically, Paladin's position is and was: "Information doesn't kill, people do,"' Savell said."

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97/11/15: "Presstek sues online investors," Folio: the Magazine for Magazine Management, at 16-17 (available in LEXIS-NEXIS News Library) (defamation charges):

"Lawrence Savell, media lawyer with the New York City firm Chadbourne & Park, says that the normal standards of print libel apply in the Presstek case, meaning that the postings should be considered the equivalent of published material. Savell says the popular perception that Internet postings receive the same First Amendment protection as speech is a dangerous one. 'Communications that are potentially damaging on the Internet are fraught with peril [for the speaker],' he cautions.

"However, Savell adds, this case bears at least one distinction from an ordinary print libel suit. 'The Motley Fool' has a lengthy disclaimer warning visitors to exercise caution regarding its postings, and to use it merely as a starting point for more reliable research. This component, he says, may offer some protection for the defendants."

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97/11/19: "MPA, N.Y. Times et al. Back Paladin in Wrongful-Death Suit," Folio: First Day, at 1-2:

"Lawrence Savell, an attorney in the New York office of the Chadbourne & Parke law firm who specializes in media-law cases, admits Paladin is 'a worst-case scenario' for upholding the First Amendment, but he hopes the company prevails in appealing the Nov. 10 ruling. 'Countless works from the Bible onward could fall within the broad scope of publications that contain descriptions--often graphic and specific--of illegal acts,' Savell says. 'The court's suggestion that other works which wrongdoers might copy in their actions would not be so subsumed because of the absence of provable intent, motive or purpose by the publisher that the described activities be followed is not totally convincing.'

"'It's hard to predict what a court will do, but I think it'll be very difficult to prove liability based on the facts,' Savell says."

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97/12/08: "Legal Eagles Size Up New York vs. Giuliani," Folio: First Day, formerly at http://www.mediacentral.com/Magazines/Folio/FirstDay/19971208.htm, and  http://www.mediacentral.com/Magazines/Folio/FirstDay/19971208.htm/737896/"In the End, New York Magazine Wins Twice," Media Daily, December 9, 1997 (available in LEXIS-NEXIS News Library):

"Fellow media-law maven Lawrence Savell, who presented 'The Law and Your Magazine' at the Folio: show in October, thinks Giuliani wasn't justified in shutting down the campaign. 'In a sense, invoking the privacy-protection statutes -- Sections 50 and 51 of the New York Civil Rights Law -- in this kind of marginal situation would weaken them for cases that are truly legitimate,' Savell said. 'You simply cannot stop the use of this ad by this statute in these circumstances.' Sections 50 and 51 prohibit the 'uses for advertising purposes, or for the purposes of trade, the name, portrait or picture of any living person without having first obtained the written consent of such person.'"

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97/12/15: "LAWYER'S CASE FOR HOLIDAY CD," Crain's New York Business, at 6 (available in LEXIS-NEXIS News Library):

"For Lawrence Savell, litigator and aspiring comic musician at the law firm Chadbourne & Parke, a simple holiday card just won't do.

"This year, 500 of his nearest and dearest will be opening Larry Savell's 1997 Holiday CD, a four-cut album that features 'All I Want for Christmas is a Stomach Lining' and 'It's Still a Billable Christmas.'

"'It's my way of showing appreciation to the people in the office,' says Mr. Savell, 40.

"He started his alternative greetings in 1988, with a vinyl recording of 'I Dreamed I Saw Santa Workin' in the Library.' That was followed by a cassette, a music video and a computer diskette.

"Then, feeling sentimental, he switched back to paper cards, mailing out a laser-printed version, an autobiographical crossword puzzle and, in 1996, a comic book. He returned to music this year, spending about $3,000 to produce and mail the CDs.

"As he puts it: 'All I want for Christmas is a stomach lining / And maybe just a little Visine or Murine. / Hey, Mister Santa, / Pass the Mylanta; /Oh, will you put a little Maalox under my tree?'"

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97/12/17: WCBS NewsRadio 88, Fred Fishkin reporting (click here for page where you can hear audio):


FISHKIN He works in the Rockefeller Center offices of Chadbourne & Parke, a big international law firm. And what Larry Savell has given to co-workers and clients, is this:
SONG ON CD All I Want For Christmas Is A Stomach Lining/And maybe just a little Visine . . .
(Song playing in background)
FISHKIN A CD with music he recorded in his bedroom with his guitar, keyboard, and computer. The cuts include "All I Want For Christmas Is A Stomach Lining" and "It's Still A Billable Christmas."
SAVELL You know, lawyers take themselves very seriously, by and large, and I think if efforts like this and efforts that I'm sure other lawyers make during the year to show that, you know, we're people like everybody else, we have a sense of humor, we can poke fun at ourselves . . .
SONG ON CD Hey, Mister Santa, pass the Mylanta . . .
FISHKIN It could do wonders for the image of the profession. Savell spent about $3,000 on his holiday greetings. Fred Fishkin, NewsRadio 88.


FISHKIN What lawyer Larry Savell has sent out are CD recordings, tongue-in-cheek songs he wrote and recorded like "It's Still A Billable Christmas" and "All I Want For Christmas Is A Stomach Lining."
SONG ON CD Hey, Mister Santa, pass the Mylanta/Oh, will ya put a little Maalox under my tree . . .
(Song playing in background)
FISHKIN Savell, who works in the Rockefeller Center offices of the big international law firm Chadbourne & Parke, admits to being a frustrated Beach Boy. The duplication of the CDs and the jackets in all cost more than your typical box of cards.
SAVELL The total cost of this whole thing is probably about three grand, which is the most expensive of any of these holiday efforts I've done.
FISHKIN Lawyers, he says, sometimes take themselves too seriously. In the past, he's sent out things like computer disks with pictures of himself morphing into President Clinton and back. Fred Fishkin, NewsRadio 88.

97/12/29: "Clients Get Something Different in Stockings This Year," The National Law Journal, at A19 (available in LEXIS-NEXIS News Library):

"THOSE WHO KNOW Larry Savell expect something different in their mailboxes this time of year.

"Instead of greeting cards, Mr. Savell, an attorney at New York's Chadbourne & Parke L.L.P., sent a compact disc of his own original holiday tunes with a legal twist. His lulling melodies contain some dark humor.

"The first track, 'All I Want For Christmas is a Stomach Lining,' asks Santa to 'Pass the Mylanta.'

"'It's Still a Billable Christmas,' mourns the joy of holidays past: ' . . . now we work in high-rise salt mines/Meeting nightmarish year-end deadlines.'

"In 'I Dreamed I Saw Santa Workin' in the Library,' Mr. Savell asks Santa about his standing and learns he's in trouble because 'one Thursday you left at six.'

"For that sin, 'I gave your bonus to a counsel down at Skadden Arps,' the old elf says. But Mr. Savell is no Scrooge.

"He shelled out $ 3,000 to send his holiday greetings to about 500 family members, friends, co-workers and 'people I meet on airplanes,' he says.

"He said the CDs are a way to express thanks and show that lawyers can laugh at themselves.

"Partners at his law firm apparently like the annual missive. But, he admitted, it won't propel him to legal stardom.

"''Doing the things I do at Christmas is not a sure way to guarantee career success,' he said. 'A totally rational person would not necessarily send something out like this.'

"That hasn't stopped Mr. Savell, who started sending out his unusual greetings in 1988 with a vinyl record. Other years he's sent videos and computer disks.

"In 1989, he made a cassette called 'Born to Pun' that used rock superstar Bruce Springsteen's 1975 'Born to Run' album cover. He superimposed pictures of himself and Santa over photos of Mr. Springsteen and saxophonist Clarence Clemons.

"A Springsteen fan, Mr. Savell said his parody was fair use, not copyright infringement.

"But, he said, 'I would gladly serve time in prison to have him recognize something I had done.'"

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