Collateral Consequences of Criminal Conviction
Criminal convictions may result in numerous penalties beyond the imprisonment or fine imposed after trial. Commonly referred to as the "collateral consequences" of a conviction, these often hidden and misunderstood penalties exist in two forms.
Summary Judgment: A Tool in Franchise Arbitrations
Arbitrations have expanded in scope and complexity over the years such that many arbitrations now closely resemble a court or jury trial. In response, franchise counsel should incorporate language in the arbitration provision in the franchise agreement that gives the parties the express right to employ litigation tools typically used by plaintiffs and defendants to resolve issues before incurring the time and expense associated with full-blown trials.
Off-Label Marketing and the First Amendment
Pharmaceutical and medical device manufacturers have argued that FDA restrictions on off-label promotion infringe their First Amendments rights. While First Amendment defenses are difficult, two recent cases have placed this issue back in the spotlight.
Features
IFA Legal Symposium: Financing Remains Immense Problem for Franchisors
Conversation at the 41st annual International Franchise Association Legal Symposium focused on the challenges that franchisors and franchisees are facing in obtaining financing for continuing operations and expansion, as well as other impacts of the two-year U.S. recession.
Health Care Reform, or 'Qui Tams Made Easy'
While the insurance provisions of the new health care reform law (the Patient Protection and Affordable Care Act or PPACA) have received much media attention, the media have barely noticed another PPACA feature that could have a profound impact on the pharmaceutical, medical-device and health care industries.
Features
Five Steps to Managing Social Media Risks
On the one hand, companies want to capture the attention of potential customers roaming the social media space. On the other hand, conversations in the blogosphere are largely uncontrollable, and raise myriad risks. Social media can cause serious losses if not handled correctly.
Ethical Good Eggs
As an organization, what do we do when a client asks us to proceed through uncharted waters? Do solutions conceived outside of our comfort zone make us seem reckless or inversely, innovative?
Technology in Marketing: Hiring a Web Site Developer, Top 10 Tips
To make your redesign/development experience rewarding and to avoid misunderstandings, outline the scope of your project before obtaining proposals from Web site design firms. Here's how.
The Place to Network: Social Networking, The Tools of the Trade
In his last column, the author reviewed the networking basics. This month, he takes a closer look at one of the more popular social networking tools in use today, and how it can be used for networking purposes.
Professional Development: Top Ten Business Building Habits for Busy Professionals
If your world has changed and you're now faced with the new role of business development, take heart. Like any skill, it can be learned. These ten habits will help you get a jump start.
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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 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 ›
- 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 ›
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