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Features

ERISA Class Certification in The Wake of Dukes And Amara

Darren E. Nadel & Allison R. Cohn

The U.S. Supreme Court issued two starkly different decisions in 2011 that together will shape (and, indeed, have already shaped) the analysis that courts must employ in determining whether to certify ERISA class actions.

Features

Digital Copiers Don't Forget

L. Elise Dieterich

The measures discussed in this article can help organizations to manage the risks associated with operating in the digital environment. This is important because, in 2012, ignorance of what your copier remembers is no longer a defense.

Seventh Circuit: Reassignment of Disabled Workers Is Not Required

Anthony Haller & Lucas Hanback

The Seventh Circuit recently ruled that the Americans ADA does not require employers to reassign disabled employees to vacant positions for which they are qualified if better qualified candidates apply and it is the employer's "consistent and honest" policy to hire the best qualified applicant.

Features

Guidelines for Maximizing D&O Insurance Coverage for SEC Matters

Katherine Henry

Depending upon policy terms, D&O insurance may pay defense costs incurred in response to various SEC actions, including an informal investigation, a formal order of investigation, a subpoena or an indictment.

Sarbox, Dodd-Frank and Beyond

Scott McCleskey

Accelerating globalization of the economy, increasing complexity of financial institutions and markets, and the global financial crisis of 2008-09 have brought us to a regulatory environment that is far broader and more complex than anyone could have foreseen 10 years ago.

Patentable Subject Matter: The Controversy Continues

David E. Mixon & Kathleen T. Milam

The Federal Circuit's recent opinion in <i>MySpace</i> debates the business method debate by addressing whether ' 101 is a prerequisite in the question of patent validity.

Features

Real Property Law

ALM Staff & Law Journal Newsletters

Highlights and analysis of important cases.

Landlord & Tenant

ALM Staff & Law Journal Newsletters

Several key cases are discussed.

Features

Cooperatives & Condominiums

ALM Staff & Law Journal Newsletters

In-depth analysis of major rulings.

Features

Chelsea 19: A Survey

Jeffrey Turkel

In the 30 months following <i>Chelsea 19</i>, the case has been cited in no less than 22 Appellate Term and Civil Court decisions. This article surveys those decisions

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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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