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<b>Counsel Concerns:</b> Experts' Reports Insufficient in Broadcast-Deal Malpractice Suit

Stan Soocher

The U.S. District Court for the Eastern District of Virginia granted summary judgment for a law firm sued for legal malpractice over the handling of a license to provide in-store radio broadcasts at U.S. military commissaries. The district court found fault with the broadcast client's expert witnesses in the malpractice case.

Features

Rules Governing Fax and E-mail Ads

James H. Laskey, Fernando M. Pinguelo, & Andrew D. Linden

The importance of having a robust compliance policy to review the content of proposed advertisements is well-known and widely accepted. But what may not be as familiar is the need for a separate policy focused on the means of disseminating such advertising.

Features

Mixing International Arbitration with U.S. Discovery

Michael G. Biggers

A recent United States court decision highlights the opportunities and pitfalls associated with the potential use of U.S.-style discovery to obtain materials for use in international arbitrations.

Features

Companies Filing for Bankruptcy, and SEC Fraud Enforcement Actions

Toby Bishop

A recent study found that companies filing for bankruptcy protection were three times more likely than non-bankrupt companies to face enforcement action by the Securities and Exchange Commission (SEC) relating to alleged financial statement fraud.

Features

e-Commerce Docket Sheet

ALM Staff & Law Journal Newsletters

QVC to Pay $7.5 Million to Settle Charges That It Aired Deceptive Claims <br>Credit Repair Companies Charged with Deceiving Consumers

Features

e-Commerce Companies v. Hackers

Henfree Chan & Bruce S. Schaeffer

The 21st century is clearly the age of cybercrime, and e-commerce companies of all stripes should be especially concerned because there are only two types of computer systems: those that have been hacked, and those that will be hacked.

Features

Defending Against Trade Secret Misappropriation Lawsuits

J. T. Westermeier

There are several often-overlooked strategies for defending against trade-misappropriation claims. The first I call the Trade Secret Per Se Doctrine. The second pertains to open-source software. Both of these strategies need to be fully considered in appropriate trade-secret misappropriation cases, to which e-commerce counsel are no strangers.

Features

Lawful Data-Mining of Social Networks

Jonathan Bick

Blogs simultaneously provide Internet users with social-network prospects and employers with a previously unavailable source of information suitable for employment-assessment decisions. And it's in this intersection on the Information Superhighway where often occurs a collision of worlds, perspectives and direction that frequently cripples or kills prospects, and individuals' aspirations. Employees of e-commerce companies aren't immune to such collisions, nor are agents of the companies who gather data on prospective or current employees, if they go about their work unlawfully, or in other improper ways that could lead to legal or other types of regulatory action.

Features

President Obama and Sustainability

Michael W. McNatt

The election of Barack Obama as president of the United States has many historic overtones. However, with an economic recession that is just as historic, a real estate industry in near freefall and a country questioning its energy sources and uses, how will Obama's policies impact commercial construction projects over the next several years?

Features

In the Spotlight: Bankruptcy Strategies for Commercial Landlords, Tenants, Lenders, and Real Estate Investors

Jeffrey Rich

This is the second in a series dealing with the subject of bankruptcy strategies and considerations for commercial landlords, tenants, lenders and real estate investors. These alerts are intended to highlight for our readers some of the key issues they should consider in connection with the subjects discussed.

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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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    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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