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The Progressive Lawyer: Telling Your Client's Story at Trial

Curtis J. Romanowski

The thought that people do not need to be engaged or motivated when faced with new information is based on the mythology that assumes that we can just pour facts into the passive minds of our judges, and they will automatically and somehow "get it.

Features

Copy<i>wrongs</i> for Start-up Firms

Stanley P. Jaskiewicz

Much virtual ink has been spilled about the complexities of applying traditional copyright law to e-commerce (and the Internet, generally). The intersection of law developed for the written word on paper, and tangible objects, and digital distribution of their modern equivalents, remains a work in progress, to say the least.

Features

My 'Friend,' the Judge

William R. Wright

Is it permissible for a judge to become friends on a social media site with lawyers who appear before the judge? The comments to the rule do not address the issue, and there is disagreement among ethics committees in the various states with respect to this specific question.

In the Marketplace

ALM Staff & Law Journal Newsletters

Highlights of the latest equipment leasing news from around the country.

Features

Five Tips for Avoiding Settlement Traps

Bruce Ericson & Frederick Brodie

When a lawsuit is settled, the clients cut a deal, the legal gladiators lay down their briefs, and everyone breathes a sigh of relief. But is that sigh premature?

The Tension Between Marriage Equality and Religious Liberty

Frank Gulino

Even amid signs of rising support, there remains a palpable tension between proponents of marriage equality and opponents who argue that same-sex marriage laws threaten their religious liberty.

Features

Digital Copiers Don't Forget

L. Elise Dieterich

Risk mitigation requires a good understanding of where the vulnerabilities are, and one that many companies have missed is the sensitive data that likely reside in the hard drive memories of printers, copiers, and fax machines.

Features

Lease Accounting Project Update

Bill Bosco

After the February FASB/IASB Lease Accounting Project meetings,the Boards added a fourth approach that the ELFA has been recommending from the start of the Lease Project.

Features

Practice Pointers for Working with Expert Witnesses in Bankruptcy Court

Christopher R. Harris & H. Gregory Baker

This article provides some examples of how expert witnesses are used in bankruptcy court, and an overview of some issues that practitioners should be mindful of when working with experts in bankruptcy court.

Features

Media & Communications Corner: Legal Brand Journalism

Jay M. Jaffe

Legal Brand Journalism' is the mechanism that allows thought leadership to happen. Here's what it is and how it works.

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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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