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Features

Contract Litigation Image

Contract Litigation

Kevin Martin

From construction contracts, to supply contracts, to equipment leases, franchisors and franchisees might face the problem of litigating numerous legal disputes simultaneously. This, of course, can be devastating for a business, whether big or small. So what can you do to avoid these pitfalls?

Features

Can We Resolve Franchise Disputes Faster, Cheaper and Better? Image

Can We Resolve Franchise Disputes Faster, Cheaper and Better?

Steven K. Fedder, John Lande & Peter R. Silverman

Franchisors and franchisees need faster, cheaper, and better ways to resolve disputes. Planned early negotiation processes and early active intervention clauses can help parties and lawyers achieve these goals.

Features

Pay-for-Delay May Require a New Prescription Image

Pay-for-Delay May Require a New Prescription

Miriam R. Vishio, Alex Hassid & Erin C. Wilcox

Part One of this series discussed common IP settlement terms that may give rise to antitrust liability and how the analysis of whether a settlement agreement violates the antitrust laws depends upon many factors that are specific to the underlying facts. This second installment addresses recent challenges by the government and private plaintiffs to settlements between brand name and generic drug manufacturers, and how these challenges have further refined the antitrust framework for analyzing patent litigation settlement agreements in the pharmaceutical industry.

Features

The 'Hot News' Doctrine in the Digital Age Image

The 'Hot News' Doctrine in the Digital Age

ALM Staff & Law Journal Newsletters

Last year, the Southern District of New York reignited the 90-year-old hot news doctrine and applied it in the Internet context. Since that decision, a number of entities have attempted to use the hot news doctrine to prevent the unauthorized use of time-sensitive content, including most recently, financial firms and media outlets attempting to prevent news-oriented Web sites from publishing their well-researched content.

Features

Government Overpayment Image

Government Overpayment

John N. Joseph & Matthew T. Newcomer

It is not fraud when the government mistakenly overpays businesses who participate in government programs or otherwise receive federal funds. But a false statement made to retain an overpayment is a "reverse false claim" in violation of the False Claims Act (FCA).

Features

The Computer Fraud and Abuse Act Image

The Computer Fraud and Abuse Act

Stanley S. Arkin, Sean R. O'Brien & David M. Pohl

Aggressive federal prosecutors may have a new weapon in their arsenals to prosecute even low-level employee thefts of confidential employer information.

Features

<b><i>BREAKING NEWS:</i></b> High Court Sides With Ex-Enron CEO Skilling Image

<b><i>BREAKING NEWS:</i></b> High Court Sides With Ex-Enron CEO Skilling

ALM Staff & Law Journal Newsletters

The Supreme Court has sided with former Enron CEO Jeffrey Skilling in limiting the use of a federal fraud law that has been a favorite of white-collar crime prosecutors.

Features

Bad Law on Double Dipping Image

Bad Law on Double Dipping

Lee Rosenberg

In last month's newsletter, we looked at the case of <i>Rodriguez v. Rodriguez</i>, in which the Appellate Division, Second Department, correctly found Supreme Court had erred by distributing the value of a service business and awarding spousal support from the income stream from that business, amounting to impermissible "double dipping." A month later, a different panel of the Second Department came to the opposite conclusion, throwing the issue into confusion.

Features

Closely Held Corporate Shares Require a Discount Image

Closely Held Corporate Shares Require a Discount

Douglas A. Cooper & Matthew F. Didora

In divorce, it is sometimes necessary to value shares of a closely held corporation. But there are stocks in privately held companies throughout New York whose shares are not traded on the NYSE or NASDAQ. These companies often have only a handful of shareholders, many of whom are family members or close friends.

Features

Drug & Device News Image

Drug & Device News

ALM Staff & Law Journal Newsletters

A roundup of recent developments.

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