Litigation

Features

Few courts have fully or accurately grasped the realities of how physicians receive information about the drugs they prescribe and, correspondingly, how the learned intermediary doctrine should affect the <i>Mensing</i> preemption analysis.

Features

This article discusses the current electronically stored information (ESI) law, the impending ESI crisis in arbitration, and how resolving office, industrial and retail claims through alternative dispute resolution helps to corral the burdens of ESI discovery for developers, owners, property managers and contractors by managing ESI with specific agreements, guidelines and rules.

Features

Several decisions issued by federal Courts of Appeal in the past few years suggest that the Computer Fraud and Abuse Act is a truly viable option for employers aggrieved by employee data theft. This article focuses on this group of cases.

Features

Pharmaceutical companies scored a major victory on June 18 when a divided U.S. Supreme Court held that the industry's sales representatives are not eligible for overtime pay.

Features

The next stop for the Proposition 8 case is the Supreme Court.The order denying rehearing leaves in place the court's February 2-1 ruling striking down the ban on equal protection grounds. The majority said the voter-enacted initiative served no purpose other than 'to lessen the status and human dignity' of gays.

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A person can't be sued for allegedly helping to cause an accident by texting a driver, a New Jersey judge holds in a widely watched case.

Features

Google Inc. took home a defense verdict on May 23 in its smartphone fight with Oracle Corp. after a jury rejected all claims of patent infringement.

Features

In <i>United States v. Nosal</i>, the U.S. Court of Appeals for the Ninth Circuit, <i>en banc</i>, held that the prohibition against "exceed[ing] authorized access" to a computer under the CFAA does not apply when an employee has been granted access to the company computer infrastructure but uses that access, against company policy and the obvious interests of the company, to copy valuable, confidential information in order to take business from the company. For various reasons, articulated well in the dissent by Judge Barry Silverman (joined by only one other judge), the Ninth Circuit is wrong.