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Features

Trust Drafting Tips: How to Make Trusts Harder to Reach in Divorce Image

Trust Drafting Tips: How to Make Trusts Harder to Reach in Divorce

Martin M. Shenkman

<b><I>Part One of a two-Part Article</I></b><p>Trusts have traditionally been used to protect wealth from divorce. However, what many estate planners refer to as "traditional" trust draftingis not nearly as effective at protecting wealth from the potential risks of divorce as approaches advocated by what some loosely refer to as "modern trust drafting."

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Enhancing Lateral Partner Opportunities and Compensation Image

Enhancing Lateral Partner Opportunities and Compensation

Randi Lewis

You are a partner in a law firm and you have decided to make a lateral move. You want it to be the right move to a better platform. Where do you start and how do you maximize the likelihood of a successful outcome?

Features

Defamation and the Disgruntled Defendant Image

Defamation and the Disgruntled Defendant

Janice G. Inman

<b><I>Part One of a Two-Part Article </I></b><p>it is no wonder that those who find themselves on the receiving end of a product liability lawsuit and its attendant bad publicity sometimes fight back. So it was in a recent case, in which a company, publicly accused by a plaintiff's lawyers of using non–FDA-approved medical devices, fought back by bringing a defamation suit against the opposing attorneys.

Features

Using Computer Forensics to Investigate Employee Data Theft Image

Using Computer Forensics to Investigate Employee Data Theft

Timothy M. Opsitnick, Joseph M. Anguilano & Trevor B. Tucker

When suspicions of employee data theft arise, it is important to engage a computer forensics expert to perform a theft-of-IP analysis in order to preserve electronic data and uncover important evidence.

Features

Got a Negative Online Review? First Things First: Turn Off Your Attorney Image

Got a Negative Online Review? First Things First: Turn Off Your Attorney

Dan Lear

It happened. Some current or former client had the gall to write something less than flattering about you online. What do you do? The first thing to do, and this can be the hardest thing for attorneys, is to turn off your attorney. Feedback can be hard to take.

Features

Are Pharmacy Benefit Managers' Cost-Containment Claims a Shell Game? Image

Are Pharmacy Benefit Managers' Cost-Containment Claims a Shell Game?

Jonathan L. Swichar, Erin M. Duffy & Robyn Stoter

In today's political climate, one of the hottest topics is the rising cost of healthcare and drugs. Following the last election, all industries should anticipate change, especially in healthcare. While much of the focus is currently on whether the Affordable Care Act will be repealed, one of the areas the government continues to scrutinize is costs.

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Institutional Deliberate Indifference Image

Institutional Deliberate Indifference

Janice G. Inman

<b><i>When a Prisoner's Health Care Is Botched, the Providers' Employer May Be on the Hook</b></i><p>Prisoner Eighth Amendment allegations of cruel and unusual punishment due to deliberate indifference to their medical needs are common; most of them go nowhere. Once in a while, though, the care provided to a prisoner is so substandard that the case actually hurdles the defendants' motion for summary judgment and makes it to trial.

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In Light of Recent FTC Actions, Review Your Privacy Policy Image

In Light of Recent FTC Actions, Review Your Privacy Policy

Devika Kornbacher, Scott Breedlove, Janice Ta & Aislinn Affinito

Every day, billions of mobile and Internet-enabled computers, smartphones, watches, drones and even coffee machines are collecting vast amounts of geolocation…

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Professional Fees May Not Be Capped by Standard Carve-Out Provisions Image

Professional Fees May Not Be Capped by Standard Carve-Out Provisions

John C. Tishler & Tyler N. Layne

Secured creditors and debtor-in-possession (DIP) lenders that rely on standard carve-out provisions to limit the impact of bankruptcy professional fees on their collateral would be well-advised to take notice of a U.S. Bankruptcy Court decision from earlier this year.

Features

Is Your Firm's Partner Compensation Spread Too Narrow? Image

Is Your Firm's Partner Compensation Spread Too Narrow?

Hugh A. Simons

It is fast becoming an imperative for elite firms to widen the range of their partner compensation. Too narrow a range allows competitors with wider ranges…

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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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