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Commercial Law

Features

Appreciation in Separately Owned Home Values

Marcy L. Wachtel & Lori K. Meyer

With the dual objective of creating certainty and enhancing the possibilities for settlement, the authors set forth herein a formulaic approach to the division and distribution of the appreciation in value of a separately owned residence (SOR).

Features

Real Property Law

ALM Staff & Law Journal Newsletters

Analysis of recent rulings.

Features

Development

ALM Staff & Law Journal Newsletters

A look at recent rulings of importance.

Features

Recording Mortgage Fraud

Marvin Bagwell

Mortgage fraud, which usually starts with a forged deed or a deed obtained by fraudulent means, is a burgeoning national problem. The title industry has good reason to complain and is definitely receptive to any efforts that reduce fraud in the real estate marketplace. The devil, however, is in the details.

Features

Litigation

ALM Staff & Law Journal Newsletters

Recent rulings of interest to you and your practice.

Features

Debt Forgiveness: Watch Out for the Tax Consequences

Laurence J. Cutler & Erin D. DeGeorge

When drafting a property settlement agreement that involves debt forgiveness (<i>i.e.</i>, foreclosure, short sale, reduction in credit card debt), it is critical that matrimonial attorneys be aware of the tax consequences because the financial impact on a client can be enormous.

Features

Curbing Internet Defamation

Jonathan Bick

An identifiable Internet speaker who sends an unlawful e-mail or posts an unlawful Internet message is subject to traditional litigation tactics. However, countless Internet speakers are not effortlessly identifiable. Hence, novel technical, administrative law and litigation tactics are advantageous for successfully curbing Internet defamation.

Features

Preemption Beyond Drugs and Medical Devices

Daniel J. Herling

Although the issue of Federal Preemption has grabbed the headlines in medical device and pharmaceutical cases, those analyzing preemption's impact on plaintiff's failure-to-warn claims on other types of products that are subject to federal regulation are significant for their varied results.

Features

Protecting Against Unique Claims Regarding Medical Device Sales Reps

Lori Cohen & Christiana C. Jacxsens

In recent years, pharmaceutical and medical device manufacturers have faced an increased number of creative product liability claims arising from alleged actions of their sales representatives. Medical device manufacturers may face a challenge in preventing these claims because of the unique role of these representatives.

Features

Court-Approved Marital Property Transfers and Bankruptcy

Janice G. Inman

In these hard economic times, the prospect of bankruptcy looms large for many people, including those who are divorcing. In fact, as anyone in family law practice knows, divorce itself can bring on a financial crisis even when marital assets are evenly split.

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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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