Features
Journal Article's Authors Not Responsible for Loss of Claim
Are there, or should there be, legal consequences for authors and publishers when medical journal articles do not state the truth, thereby causing harm?
When Does a Child Custody Evaluator Stop Collecting Data?
When is the work of a child custody evaluator complete? Over the past several years, the author has repeatedly run into this question. Here are his thoughts.
Features
Retaining Local Counsel When Dividing Retirement Assets
Dividing retirement assets in equitable distribution is well known among matrimonial practitioners as one of the most confounding, and potentially complex, areas of our practice. Do you need outside counsel?
NY Firm Disqualified
In New York, a Brooklyn appellate court has disqualified a Long Island law firm from handling a woman's divorce after the judge presiding over the case retired and joined the firm.
Features
Representing a Celebrity Client
Famous clients' net worth, income and the details of their investments are never publicly revealed. Custody is not disclosed. It is all kept private. How?
<b><i>Product Review:</b></i> Digital WarRoom Pro
Not long ago, Gallivan Gallivan & O'Melia LLC released Digital WarRoom' Pro for only $895 for a single license. It claimed DWR Pro could handle all electronic discovery needs in modest cases (less than 500,000 documents). This is still the only product I'm aware of that purports to offer this much functionality for this low a price. Frankly, it sounds too good to be true.
Features
The Evolving Minimal Technology Footprint
The key to a successful LPM and AFA approach, I feel, lies within client integration, and hence embracing the economics of ubiquity as alluded to above. In the information age, information and associated outputs are abundant, but how do we best organize, manage and share meaningful interactions and deliverables seamlessly with our clients?
Protocols and Pitfalls for Leveraging Technology
This article highlights a series of best practices for litigants to consider in their trial strategy discussions, as well as a description of the challenges they are likely to face.
Features
Professional Development: Interacting with Prospects and Clients
Pay attention to your prospects' and clients' communications and behavioral clues. They will help you to better connect with them. Here's how to do it.
Features
ICANN and Pornographers: Comrades in Arms?
According to the press reports, the Florida-based company that bought the .xxx domain last year and reaped millions in registration fees from companies, universities, organizations and individuals seeking to protect their trademarks and names from being associated with pornography (with no intent of ever using the sites) has applied to own three more ' sex, .porn and .adult.
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MOST POPULAR STORIES
- Use of Deferred Prosecution Agreements In White Collar InvestigationsThis article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.Read More ›
- The DOJ's Corporate Enforcement Policy: One Year LaterThe DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.Read More ›
- Surveys in Patent Infringement Litigation: The Next FrontierMost 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.Read More ›
- The DOJ's New Parameters for Evaluating Corporate Compliance ProgramsThe parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.Read More ›
- In the SpotlightOn 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 & 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.Read More ›
