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Features

In Pari Delicto: The Seventh Circuit Gives New Life to Evil Zombies

Brian L. Shaw & Terence G. Banich

A recent decision is critically important to bankruptcy lawyers, particularly those who prosecute and defend causes of action brought by bankruptcy estates and their representatives.

Verdicts

ALM Staff & Law Journal Newsletters

In-depth analysis of a recent ruling.

Drug & Device News

ALM Staff & Law Journal Newsletters

An item of key importance are discussed.

Features

Med Mal News

ALM Staff & Law Journal Newsletters

Two recent items of importance.

Features

<i>Hadden</i> and Medicare's 'Full Reimbursement' Rule

David Axelrad & Robert Wright

By adopting a construction of the Act that allows the government to obtain full reimbursement of Medicare payments from a discounted settlement, even if the reimbursement exhausts the settlement, the Sixth Circuit's opinion chills settlement and undermines the efficient use of judicial resources.

Features

Physician Migration and Hospital Captives

Nicholas S. Gaudiosi

Modifications to health care delivery are changing at a pace that far exceeds anyone's expectations ' and perhaps exceeds our ability to react and respond in a fashion that protects both provider and patient.

Lost in Translation: Electronic Medical Records, HIPAA and Litigation

R. Christina Wall & Neil T. Edwards

Health care providers and their attorneys must be aware of the risk management issues created by the cross-requirements of HIPAA and HITECH, including how the electronic medical record (EMR) will be viewed and interpreted in the event of litigation.

Features

Court Orders Target Internet Companies In Trademark Disputes

Sheri Qualters

A proposed law to combat digital piracy stalled last year in the face of widespread public opposition, but district courts are embracing its controversial remedies against Internet companies that do business with alleged infringers in trademark cases.

Applying the Internet to the Business of Health Care

Jonathan Bick

In recent years, health care analysts and advocates of the Internet have raised expectations for gaining significant cost-savings from applying e-commerce to health care-related activities, including the provision of medical services and for efficient and affordable supply procurement.

$10M Fund Set Up to Settle Facebook Privacy Suit

Amy Miller

Facebook Inc. and plaintiffs attorneys have agreed to put $10 million into a fund for privacy foundations to settle a proposed class action over the site's "Sponsored Stories" feature, according to court papers.

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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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