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The latest news of interest to you and your practice.

Features

Accessing Experimental Drugs Through the Compassionate Use Doctrine Image

Accessing Experimental Drugs Through the Compassionate Use Doctrine

Janice G. Inman

In last month's issue, we discussed how Jacob Gunvalson, when denied entry into a clinical trial for a drug that might offer treatment for his terminal disease, sued the drug manufacturer to compel it to seek a "compassionate use" exemption. We conclude with a look at the litigation that ensued.

Features

CA Ordered to Reduce Prison Population Image

CA Ordered to Reduce Prison Population

Pamela A. MacLean

A special three-judge panel has held tentatively that overcrowding in California prisons presents an unconstitutional risk to inmate health and safety and that the prisoner population must be reduced. The panel has previously found that the prison system's mental health and medical care is so negligent that it is a direct cause of inmate deaths and suicides.

Features

Preventing Conflicts Between Secured Creditors and Franchisors Image

Preventing Conflicts Between Secured Creditors and Franchisors

Craig R. Tractenberg

A franchisor has rights and remedies that a secured creditor is not granted under the UCC, but the franchisor, by becoming a competing secured creditor, does not necessarily advance its rights and remedies in a default situation. The inter-creditor agreement and remarketing agreement are alternatives to maximize recoveries and reduce conflicts by cooperation, rather than by litigation.

Features

Franchise Companies vs. Hackers: Twenty Questions on Cybercrime Image

Franchise Companies vs. Hackers: Twenty Questions on Cybercrime

Henfree Chan & Bruce S. Schaeffer

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

Features

Being Ready for Government Investigations in a Time of Financial Crisis Image

Being Ready for Government Investigations in a Time of Financial Crisis

David Krakoff & Peter White

In this heightened enforcement environment, it is more important than ever that corporate general counsel be ready and able to navigate a minefield of complex issues as soon as they become aware that their company is the focus of a government investigation.

Features

Technology Puts a Dream House on Hold Image

Technology Puts a Dream House on Hold

David Horrigan

A look at <i>A.E., Inc. v. Goodyear Tire and Rubber Co., Inc.</i>, No. 05-CV-01317 (D. Colo. 2007), in which visual technology paid a major part in the trail.

Features

How to Safeguard Employee Data Image

How to Safeguard Employee Data

Rosanna Sattler & Nancy Puleo

Employers should be aware of the rapid growth of data privacy and security laws, which may affect their methods of conducting business and handling personal employee information. The new laws carry with them a private right of action in some cases, civil penalties as much as $500,000 and in some states, administrative investigations.

Features

The Lilly Ledbetter Fair Pay Act and What It Means for Employers Image

The Lilly Ledbetter Fair Pay Act and What It Means for Employers

Holly S. A. Eng & Kahla Bunde

When is history simply that: "history"? Perhaps never under the Lilly Ledbetter Fair Pay Act, which sailed through the House and Senate in January and became the first piece of legislation signed into law by President Obama.

Features

The Importance of Performance Evaluations Image

The Importance of Performance Evaluations

Christine V. Bonavita

It is that time of year when many managers are either presented with the daunting and time-consuming task of completing performance appraisals or have just finished their appraisals and are waiting to communicate the results to the employees. In either situation, the process is usually coupled with questions from managers as to why evaluations are necessary. Employees often wonder themselves.

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