Features
Stop in the Name of ' the IP Police?
When it comes to infringement of intellectual property, there are no "IP police" hiding in the obscure nooks and crannies of cyberspace to chase down those who misuse property online. Instead, the e-commerce firm itself often must become its own IP cop, when it discovers ' as it inevitably will in the online free-for-all ' that its marks, copyrighted content or knockoffs of its unique products appear on the Web site or in the e-catalog of a competitor.
Features
Curbside Consults
In today's climate of increasing concern about medical malpractice liability, is it safe for a doctor to give advice when asked by a treating physician?
Features
Psychological Experts and Trial Tactics
Retained testifying experts who assert that neither their findings nor their opinions might be affected by biases are either fools, liars, or lying fools.
Features
The Toyota Recall Crisis: More Than a Re-TREAD
If this were an article about Toyota's actions and inactions, it could stop here. But it is really about the proposed "Motor Vehicle Safety Act of 2010." This legislation, engendered by the Toyota recalls, makes TREAD (Transportation Recall Enhancement Accountability and Documentation Act)sem minor by comparison.
Features
A Madness to the Method? The Impact of Bilski on Method Patents
For more than a year, the software/information technology, financial, and even biotech industries, along with the patent bar, waited for the Supreme Court to weigh in on the issue of business methods and patent-eligible subject matter under ' 101 of the Patent Act. In its recent decision in <i>Bilski v. Kappos</i>, the Supreme Court provided an answer for the business method claimed by Bilski, but not a lot of detailed guidance for future cases.
Features
DOL: Same-Sex Partners May Qualify For FMLA Leave
In an Opinion Letter issued on June 22, 2010, the U.S. Dept. of Labor (DOL) clarified who may be a parent under the Family and Medical Leave Act, including same-sex domestic partners who stand <i>in loco parentis</i> to a child.
Features
Employers Beware
Employee mobility, coupled with the exceeding ease with which confidential and proprietary trade secret information can be stored and transported, creates the perfect platform for trade secret theft. And it's not just a hypothetical problem.
Features
Valuing Payments in Lieu of WARN Notice
Employers often fail to take into account all elements of compensation and benefits when valuing payments in lieu of notice. This article addresses certain elements of such payments that are often overlooked.
Features
'Matrimorphology'
Matrimorphology ' what is it? It means the study of changing matrimonial law, in this case, the Divorce Reform Act of New Jersey.
Features
Environmental Liability: Equipment Lessor Is Responsible Under CERCLA for Cleanup Costs As the Owner of a 'Facility'
Equipment lessors need to learn a new acronym: CERCLA. It stands for the Comprehensive Environmental Response, Compensation and Liability Act, and it has the potential to expose lessors to millions of dollars in environmental liability.
Need Help?
- Prefer an IP authenticated environment? Request a transition or call 800-756-8993.
- Need other assistance? email Customer Service or call 1-877-256-2472.
MOST POPULAR STORIES
- Use of Deferred Prosecution Agreements In White Collar InvestigationsThis article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.Read More ›
- The DOJ's Corporate Enforcement Policy: One Year LaterThe DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.Read More ›
- Surveys in Patent Infringement Litigation: The Next FrontierMost experienced intellectual property attorneys understand the significant role surveys play in trademark infringement and other Lanham Act cases, but relatively few are likely to have considered the use of such research in patent infringement matters. That could soon change in light of the recent admission of a survey into evidence in <i>Applera Corporation, et al. v. MJ Research, Inc., et al.</i>, No. 3:98cv1201 (D. Conn. Aug. 26, 2005). The survey evidence, which showed that 96% of the defendant's customers used its products to perform a patented process, was admitted as evidence in support of a claim of inducement to infringe. The court admitted the survey into evidence over various objections by the defendant, who had argued that the inducement claim could not be proven without the survey.Read More ›
- The DOJ's New Parameters for Evaluating Corporate Compliance ProgramsThe parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.Read More ›
- In the SpotlightOn May 9, 2003, the U.S. Attorney's Office for the District of Massachusetts announced that Bayer Corporation, the pharmaceutical manufacturer, had been sentenced and ordered to pay a criminal fine of $5,590,800 stemming from its earlier plea of guilty to violating the Federal Prescription Drug Marketing Act by failing to list with the FDA its drug product, Cipro, that was privately labeled for an HMO. Such listing is required under the federal Food, Drug & Cosmetic Act. The Federal Prescription Drug Marketing Act, Pub. L. 100-293, enacted on April 22, 1988, as modified on August 26, 1992 by the Prescription Drug Amendments (PDA) Pub. L. 102-353, 106 Stat. 941, amended sections 301, 303, 503, and 801 of the Federal Food, Drug, and Cosmetic Act, codified at 21 U.S.C. '' 331, 333, 353, 381, to establish requirements for distributing prescription drug samples.Read More ›
