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Don't Bother Asking for Facebook Passwords

Anna Hickman

Social media sites may also contain relevant information not available through traditional screening tools, like criminal background checks or reference checks. But should employers ask for passwords?

The Big Three Myths (And Realities) of Non-Compete Agreements

Tina A. Syring-Petrocchi

An in-depth look at the most common myths about non-compete agreements.

Intellectual Property in M&A Transactions

John A. Lingl & Michael N. Spink

To best protect their companies' interests, corporate counsel should be aware of the IP implications of every M&A transaction, and should adopt a formal approach to identifying those assets and performing IP due diligence.

Litigation and Social Media

Monica M. Moore

The increasing use of social networking sites has changed the discovery landscape again. This change, however, presents a positive and beneficial discovery tool for companies to use in litigation.

DE Court Provides Important Guidance on Indemnification of Directors and Officers

Robert S. Reder

Although director and officer indemnification is not a new concept, there is limited judicial precedent interpreting DGCL ' 145. Thus, the recent Delaware Court of Chancery decision in <i>Hermelin v. K-V Pharmaceutical Company</i> is most welcome.

The Leasing Hotline

ALM Staff & Law Journal Newsletters

A look at recent litigation.

Lease Due Diligence

Mark Morfopoulos

When negotiating a lease of a parcel that is subject to an REA, a practitioner must be aware that there are many ways that an REA can adversely impact a tenant. This article lists eight factors to consider when reviewing an REA.

In the Spotlight: Renewing a Retail Lease

Glenn Browne

This article examines the topics that should be contemplated in an amendment to an existing lease, and also discusses the manner in which these issues may be addressed.

Your Tenant Is in Default, But the Entity Does Not Exist

By Kevin Montee & Monica Sloboda

More often than you might think, landlords enter into leases with tenant-entities only to find later, when the tenant defaults under the lease, that the tenant-entity was never lawfully formed or did not exist at the time of entering into the lease.

In the Courts

ALM Staff & Law Journal Newsletters

An in-depth analysis of key decisions of note.

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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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