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Features

The Veterans Survivor Benefits Scheme, the Unlawful Marriage and CUE Image

The Veterans Survivor Benefits Scheme, the Unlawful Marriage and CUE

Janice G. Inman

The case of <I>Lewis v. Shulkin</I>, heard by the U.S. Court of Appeals for Veterans Claims, shows us one instance in which an attempted but not legal marriage just might have a chance to be recognized, at least for the purposes of determining government benefits.

Features

The Effect of Safety Regulations on Product Defect Claims Image

The Effect of Safety Regulations on Product Defect Claims

George W. Soule

This article addresses some considerations for counsel in offering or defending against evidence of safety regulations.

Features

POCs and the FDCPA: A License to File Image

POCs and the FDCPA: A License to File

Chris Hawkins & Karlene Archer

Buyers and servicers of “stale,” or time-barred, debt have been watching the bankruptcy and appellate courts closely of late, as court after court has ruled on whether a key component of their recovery strategy — seeking payment related to such time-barred debts by filing proofs of claim in bankruptcy — violates the Fair Debt Collections Practices Act (FDCPA).

Features

Why Associates Leave and How You Can Get Them to Stay Image

Why Associates Leave and How You Can Get Them to Stay

Tina Cohen & Jennifer Henderson

When a seemingly happy and successful associate announces the decision to move on, his or her firm can be left feeling shocked and confused. This article provides insight behind these moves, and what law firms can do to make their top associates want to stay.

Features

Easy As FMV: Modern Fair Market Value Renewal Methods Image

Easy As FMV: Modern Fair Market Value Renewal Methods

John G. Kelly

This article discusses the competing interests and criteria of landlords and tenants in defining fair market value, explores various mechanisms used for resolving disputes over fair market rental rates, and concludes with proposed language that represents a healthy compromise for both sides.

Features

Public Trust Doctrine Thwarts Willets Point Redevelopment Image

Public Trust Doctrine Thwarts Willets Point Redevelopment

Stewart E. Sterk

In <i>Matter of Avella v. City of New York,</i> the Court of Appeals enjoined development of a retail mall on what is now Citi Field's parking lot, holding that the development proposal would constitute an impermissible alienation of parkland by the City of New York.

Features

Does the Auxiliary Aids Standard Apply To Websites? Image

Does the Auxiliary Aids Standard Apply To Websites?

Robert A. Naeve & Jaclyn B. Stahl

<b><i>Gil v. Winn-Dixie Stores, Inc.</b></i><p>After years of demand letters, complaints and settlements, a website accessibility lawsuit under Title III of the Americans with Disabilities Act finally went to trial. The case is remarkable not just because it is the first of its kind to go to trial, but also because the court's opinion does not consider whether a website owner can employ alternatives other than WCAG 2.0 to make website content "accessible."

Features

Antitrust Corporate Dispositions Image

Antitrust Corporate Dispositions

Marc Siegel

This article provides critical background on DOJ policy and practice, and highlights some of the steps corporate counsel can take during leniency or plea negotiations to secure non-prosecution protection for the company's employees as part of any antitrust corporate disposition.

Features

<i><b>BREAKING NEWS</i></b><br>DLA Piper Hit by Cyber Attack, Phones and Computers Down Across the Firm Image

<i><b>BREAKING NEWS</i></b><br>DLA Piper Hit by Cyber Attack, Phones and Computers Down Across the Firm

James Booth

The shutdown appears to have been caused by a ransomware attack, similar to the WannaCry attack that hit organizations such as the NHS last month.

Features

New Research: Employee Privacy and Corporate Legal Risk Image

New Research: Employee Privacy and Corporate Legal Risk

David Horrigan

The use of business email accounts and digital devices for personal communications can be risky for both employers and employees. However, employees of all levels may be commingling corporate communications with their personal information, according to new research.

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MOST POPULAR STORIES

  • 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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