Features
Enforcing Post-Marketing Requirements
A recent FDA Warning Letter suggests that the agency will not hesitate, when necessary, to exercise its power to enforce post-marketing requirements (PMRs) for approved drug products.
Features
Understanding Insurance in Retail Leases
A summary of some of the most important and commonly negotiated insurance-related concepts in retail leasing.
Features
Company-Appointed Rep May Commence Chapter 15 Case
As the seventh anniversary of the enactment of Chapter 15 of the Bankruptcy Code draws near, the volume of Chapter 15 cases commenced in U.S. bankruptcy courts on behalf of foreign debtors has increased rapidly. And so has related litigation.
Recovering Transfers That Create Insolvency
An important lesson from recent high-profile bankruptcy cases is that secured creditors can no longer make loan decisions based solely on the value of pledged collateral.
Seventh Circuit: Bankruptcy Code's Definition of 'Intellectual Property' Does Not Include Trademarks
A recent decision by the Seventh Circuit provided a trademark licensee with protection when its licensor filed for bankruptcy and rejected the trademark license.
Supreme Court Clarifies Meaning of 'Sale' Under the Fair Labor Standards Act
The U.S. Supreme Court recently held that pharmaceutical sales representatives, commonly known as "drug reps," are qualified as "outside salesm[e]n" under the FLSA and are, therefore, not subject to the minimum wage and overtime requirements of the Act.
Features
Conducting Discovery in Japan
The unique problem with conducting depositions or requesting production of documents in Japan, however, is that you cannot simply go to Japan and conduct discovery because it could be considered a violation of Japan's judicial sovereignty.
Features
Corporate Internal Investigations
This is the second of a three-part series providing companies with a step-by-step guide for planning and conducting sensitive internal investigations into potential wrongdoing.
Features
Criminal Background Checks
In January 2012, Pepsi agreed to enter into a settlement agreement with the Equal Employment Opportunity Commission (EEOC) to resolve a sweeping charge of race discrimination. The alleged discriminatory practice? The company's criminal background check policy.
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- 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 ›
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