Features
<b><i>Online Extra</b></i> Ninth Circuit Rejects Pay for Student-Athletes
Colleges can't be required to let star athletes cash in on their celebrity status, a Ninth Circuit panel ruled on Sept. 30, reversing part of a landmark antitrust decision that had called into question the NCAA's entire business model.
Features
<b><i>Online Extra:</b></i> DOJ Wants Massive Government Data Breach Suits Consolidated
It was the worst data breach in the history of the U.S. government, and now the Justice Department says the ensuing lawsuits filed in six different jurisdictions belong in a single court in Washington, DC.
Columns & Departments
In the Marketplace
What's going on in the industry.
Features
Analyzing Second Circuit's Ruling on Internships
This summer, the U.S. Court of Appeals for the Second Circuit decided <i>Glatt v. Fox Searchlight Pictures,</i> an important decision concerning whether Fox's unpaid interns were "employees" under the federal Fair Labor Standards Act and the New York Labor Law and, therefore, entitled to recover minimum wage, plus time-and-a-half for overtime, for the periods they worked at Fox.
Columns & Departments
Bit Parts
Consumer Suit Over Beats Music App Sent to Arbitration<br>No Right of Publicity Claim for Company, But Individual with Same Name as Company Can Proceed<br>"Procure Employment" Clause in California Talent Agencies Act Survives "Vagueness" Challenge
Features
New Report Offers Statistics On Copyright Cases
Lex Machina, a legal analytics company that grew out of a project run by Stanford University's law school and its computer science department, has published a 37-page "copyright litigation report" developed from litigation data and court decisions covering thousands of copyright cases filed in U.S. district courts over the past five years. The report analyzes key filings, findings, judgment types, decisions, resolutions, damages and other data.
Features
The Impact of Business Intelligence
Businesses across a range of industries see the value in optimizing their processes, as doing so can have a significant impact on both their top and bottom lines. The challenge has always been how to gain insight into the areas of inefficiency and execute a plan to optimize.
Features
Supreme Court to Focus Legal Spotlight on Spousal Guaranty Issues
Spousal guaranties are about to receive additional scrutiny now that the United States Supreme Court has decided to grant certiorari to a decision by the Eighth Circuit regarding whether a spousal guarantor is an "applicant" entitled to bring an action under the Equal Credit Opportunity Act and related implementing regulation (Regulation B).
Features
Ashley Madison Data Breach Sparks Suits
Infidelity website AshleyMadison.com and its parent company Avid Life Media Inc. have been hit with a pair of class actions in Los Angeles federal court stemming from the site's recent data breach.
Features
Are You Following ALTA Best Practices?
The American Land Title Association (ALTA) recently announced it has expanded the availability of its Best Practices Framework resources to non-members. Title agencies can use the framework to demonstrate compliance to lenders, who need to meet regulatory requirements regarding oversight of their third-party service providers. Law firms that have a title agency and those that are considering adding one in the future should be aware of ALTA Best Practices.
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MOST POPULAR STORIES
- Use of Deferred Prosecution Agreements In White Collar InvestigationsThis article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.Read More ›
- The DOJ's Corporate Enforcement Policy: One Year LaterThe DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.Read More ›
- Surveys in Patent Infringement Litigation: The Next FrontierMost 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.Read More ›
- The DOJ's New Parameters for Evaluating Corporate Compliance ProgramsThe parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.Read More ›
- In the SpotlightOn 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 & 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.Read More ›
