Features
The 25% Rule Is 100% Out Under Federal Circuit's Uniloc Decision
In a case with practical implications for all patent litigants, the Federal Circuit recently rejected the use of the 25% rule to establish a baseline royalty rate to determine patent infringement damages.
Seeking Disability After Losing a Medical License
If a doctor carried disability insurance and can show that the malpractice that led to the loss of his or her license resulted from a mental or physical impairment, he or she may be able to collect payments from the insurer.
Privacy Policies and Data Collection
The conflict between marketers' targeted use of personally identifiable information and respect for consumers' personal privacy will be at the forefront of regulatory efforts this year.
Features
Ex-Parte Interviews
Continuing last month's discussion of the appellate decisions in two cases concerned with the propriety of <i>ex-parte</i> physician interviews in the context of medical malpractice litigations.
Features
The Perils of Naked Licensing
A recent Ninth Circuit decision involving a not-for-profit entity dedicated to "freecycling" (<i>i.e.</i>, a recycling practice of finding new uses for unwanted items) serves as a reminder to trademark owners about the pitfalls of failing to exercise sufficient quality control over licensees.
Health Reform Mandates Transparency in Industry/Provider Relationship
The Sunshine Law mandates public disclosure of payments and gifts by pharmaceutical, device, medical supply, and biotechnology companies to physicians and teaching hospitals for a wide array of purposes.
Features
Estate Planning for Non-Citizens
In representing a person who is, or is married to, a non-citizen, it is important to recognize and understand the application of the United States estate and gift tax (as well as income tax) laws to non-citizens and persons married to non-citizens.
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MOST POPULAR STORIES
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- Inferring Dishonesty: The Fifth Amendment and Fidelity CoverageDishonest employees always have posed a problem for businesses. The average business may lose 6% of its annual revenues to employee fraud, and cumulatively the impact of employee theft on the economy is estimated to be $600 billion annually. <i>See</i> Association of Certified Fraud Examiners ("ACFE"), 2002 Report to the Nation on Occupational Fraud & Abuse, at ii, 4 (2002), available at <i>www.cfenet.com/publications/rttn.asp.</i> Although the average loss through employee embezzlement is $25,000, where computerized financial records or transactions are involved, the average loss increases nearly twentyfold. <i>See</i> National White Collar Crime Center, <i>WCC Issue: Embezzlement/Employee Theft,</i> at 2 (2002), available at <i>http://nw3c.org/downloads/Computer_Crime_Weapon.pdf.</i>Read More ›
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