Commercial Law

  • Energy Markets Face Expanded Enforcement

    The Energy Policy Act of 2005 (EPACT) gave FERC the authority to assess penalties under the Natural Gas Act and Federal Power Act of up to $ 1 million per day per violation. FERC has expanded its Office of Enforcement, called for heightened industry compliance programs and self-disclosure of misconduct, and is newly focused on enforcement rather than on traditional ratemaking. Two years into the EPACT era, FERC has used its newly acquired authority vigorously.

    November 27, 2007Christopher J. Barr

  • Bit Parts

    Arbitration/NFL Agent Contracts
    Copyright Exemption/Subject-Matter Jurisdiction
    Sampling/Copyright Infringement
    Trademark Infringement/TV-Reality Series

    November 26, 2007Stan Soocher

  • The MLF 50: A Spectacular Achievement

    Once again, Law Journal Newsletters are on the forefront with the publication, in this month's issue of Marketing the Law Firm, of the Third Annual MLF…

    November 01, 2007ALM Staff | Law Journal Newsletters |

  • Media & Communications Corner

    A profile of Claudia M. Freeman, Director of Marketing & Communications, Cadwalader, Wickersham & Taft.

    October 31, 2007Vivian Hood

  • Race Discrimination and Mortgage Fraud

    The crisis in the subprime mortgage markets has brought to light many allegations of predatory practices by mortgage lenders and other participants in the housing industry. In Barkley v. Olympia Mortgage Co., Judge Raymond Dearie of the Eastern District approved a strategy that might permit some victims of the alleged fraud to obtain a federal forum, with the possibility of treble damages and attorneys fees: allege (and prove) that the predatory practices constituted a form of racial discrimination.

    October 31, 2007Stewart E. Sterk

  • Mediators and Separating Couples, Beware!

    Mediation participants would be far more circumspect if they thought their discussions and disclosures could be used against them in a later judicial proceeding. With this in mind, let's consider the potential impact of a recent case in which the Appellate Division, Fourth Department, determined that a confidentiality clause in a divorcing couple's mediation agreement need not preclude the mediator from being compelled to give testimony in their subsequent divorce action.

    October 31, 2007Janice G. Inman

  • Drug & Device News

    Recent news you need to know.

    October 31, 2007ALM Staff | Law Journal Newsletters |

  • WV Supreme Court Invokes Learned Intermediary Doctrine

    Last year, pharmaceutical companies reportedly spent $4.5 billion on direct advertising to consumers, or about 400 times more than they spent 20 years ago. Drug company spending on advertising to consumers is increasing twice as fast as spending on promotions to physicians or on the research and development of new drugs. Given this exponential growth in direct-to-consumer advertising, it is hardly surprising that prescription drug makers' traditional immunity from consumer 'failure-to-warn' claims has increasingly come under assault.

    October 31, 2007Nancy Sher Cohen and Rene I. Siemens

  • Electronic Fetal Monitoring on Trial

    When an infant is born hypoxic, acidotic and neurologically depressed and goes on to develop permanent brain damage, questions are raised as to when the injury occurred, why it occurred and whether it could have been prevented through the exercise of reasonable care. The answers to those questions will determine whether there is a valid basis for pursuing a claim of medical malpractice.

    October 31, 2007Christopher D. Bernard