Features
General Counsel Pay Just Keeps Rising
Compensation for in-house counsel is up across the board, ranging from 3.7% to as much as 6% at some general counsel and expert counsel levels, according to recently released data from HBR Consulting's 2016 Law Department Survey.
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Case Notes
A New York court has found that a landlord did not commit fraud when it failed to disclose to its prospective tenant that a long-term municipal improvement construction project was about to commence near the leased premises.
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Verdicts
What will happen to the Affordable Care Act now that President-Elect Trump has vowed to abolish it?
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Business Crimes Hotline
On Nov. 17, 2016, JPMorgan APAC, a Hong Kong subsidiary of JP Mor¬gan Chase & Co., agreed to pay $72 million for violations of the Foreign Corrupt Practices Act (FCPA).
Features
Design Defects at the CT Supreme Court
<b><i>A Doctrine In Flux</b></i><p>The big product-liability news at the Connecticut Supreme Court in 2016 was undoubtedly <i>Izzarelli v. R.J. Reynolds Tobacco</i>, a decision that refined Connecticut's standards for design-defect product-liability claims. But the decision may turn out to be even more notable for what it portends.
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Non-Compete Clauses In California
Non-compete clauses in employment contracts typically seek to preclude employees from working for a competitor for a specific period of time and within a specific geographic area. Most states allow non-competition agreements, provided they are reasonable in scope and justified by the employer's legitimate business interests. California, however, generally prohibits covenants not to compete, subject to limited exceptions.
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Case Notes
New York's Appellate Division, Second Department, has reversed a family court decision denying a father's objection to a magistrate's upward modification of his child support obligation.
Features
<b><i>BREAKING NEWS</b></i><br>Supreme Court Agrees to Hear Blockbuster Patent Venue Case
In a win for the tech industry, the U.S. Supreme Court agreed on Dec. 14 to hear a case that could move patent cases out of the Eastern District of Texas.
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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 ›
