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A collection of the most important news you need to know.

Features

Monster Magazine Covers in Biography Are Fair Use

Shannon P. Duffy

In the movies, it seems that monsters are always up to no good ' making mayhem or setting fires. But in a federal court in Philadelphia recently, a couple dozen movie monsters made some important new law and set a few significant precedents in the area of copyrights and trademarks that may help to define the doctrine of fair use for years to come.

Features

Electronic Medical Records

Barry B. Cepelewicz & Gary S. Sastow

Recently, physicians and other health care providers have been inundated with information regarding electronic medical records ("EMR"). However, it is believed that the vast majority of health care transactions are still taking place on paper.

Features

Recession Keeps Family Lawyers Busy

Tresa Baldas

Lawyers who specialize in divorce and custody disputes say they have witnessed a flood of activity in family courts in recent months due to the state of the economy.

Features

NY Tax Law May Have Far-Reaching Effects

Kevin Adler

Franchisors and franchisees will be heading into uncharted territory in New York state when a new law takes effect in December 2009 requiring that every franchisor must provide the Department of Taxation and Finance with contact information and extensive sales and tax data about each franchisee that is operating in the state.

Features

Proactive Preparation of Defense of Post-Recall Litigation

Lori Cohen & Christiana C. Jacxsens

After a pharmaceutical or medical device manufacturer initiates a recall, its duties pursuant to FDA laws and guidelines do not end there. The FDA has set out certain responsibilities and steps that a manufacturer must or should follow after initiating a recall. Pharmaceutical and medical device manufacturers, however, can effectively combine their post-recall duties and responsibilities with a proactive preparation of a defense of potential litigation.

Features

The Call No Attorney Wants to Make

Ralph Ferrara

When should an attorney confess his mistakes to those he fights for? The answer is not always easy, and a lawyer's inclination to admit wrongdoings might depend on how he perceives a client.

Features

Redaction on Pricing Legal Services

William C. Cobb

The article herein takes the discussion of alternative billing a step further with information from Association of Corporate Counsel (ACC). How does a law firm or in-house counsel do it and what steps can taken to create a competitive advantage with alternative billing?

Features

Legal Holds: Get Them in Writing

Dennis R. Kiker

In-house counsel and their outside counterparts routinely struggle with the problem of when and how to issue legal hold notices. When is litigation reasonably anticipated? Who should get the notice? Should the notice be tailored to the case or based on a rigid template? One question that should have a consistent answer is whether the notice should be in writing.

Features

Another View: Recent SEC Proposals on Proxy Access

Colin J. Diamond

The ongoing recession has led lawmakers and the SEC alike to focus on limiting perceived excessive risk-taking and improving the accountability of boards of directors to shareholders. This focus has yielded a range of ideas, although none more controversial than the SEC's recently proposed rules to permit shareholders to include their director nominees in a company's proxy statement.

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  • Surveys in Patent Infringement Litigation: The Next Frontier
    Most 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.
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  • In the Spotlight
    On 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 &amp; 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.
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