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
- Disconnect Between In-House and Outside Counsel'Disconnect Between In-House and Outside Counsel is a continuation of the discussion of client expectations and the disconnect that often occurs. And although the outside attorneys should be pursuing how inside-counsel actually think, inside counsel should make an effort to impart this information without waiting to be asked.Read More ›
- Divorce Lawyers' Obligation to ChildrenDo divorce lawyers have an obligation to disclose client confidences when it is in the best interests of the client's child to do so? The short answer of the rules of professional responsibility is 'no' because a 'yes' answer is deemed to be fundamentally inconsistent with the premises of the adversary system in which the divorce lawyer functions. The longer answer is that the rules encourage ' but do not require ' a divorce lawyer to counsel the client to authorize the disclosure because it is in the best interests of both parent and child.Read More ›
- Upping the Legal Training AnteWomble Carlyle's technology training and online learning programs were in need of an upgrade. Unprecedented firm growth, heightened emphasis on developing lawyers' core technology competencies, and a need to streamline and automate existing e-learning processes led the firm to initiate a fundamental shift.Read More ›
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