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Features

Enforcing Post-Marketing Requirements

Alan Minsk & Diana Cohen

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

Gary A. Glick

A summary of some of the most important and commonly negotiated insurance-related concepts in retail leasing.

On the Move

ALM Staff & Law Journal Newsletters

Who's going where; who's doing what.

Features

Company-Appointed Rep May Commence Chapter 15 Case

Pedro A. Jimenez & Mark G. Douglas

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

David Gottlieb & Michael D. Schwarzmann

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

Marc Fineman & Jonathan Friedland

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

Gil A. Abramson & Katherine Levy

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

Jeffrey Soble & Masahiro Tanabe

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

Vince Farhat, Vito Costanzo & Stacey Wang

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

Veena A. Iyer

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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    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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