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Features

The New Legal Workplace

Paul Silverman

Workers and managers alike are struggling to figure out what will be expected from them in the coming business quarters, and how to deliver on these expectations. Here are three highlights for legal professionals, which just may make the difference between being in the black or in the red.

Features

The HIRE Act and the Health Care Reform Acts

Richard H. Stieglitz & Tamir Dardashtian

The new Hiring Incentives to Restore Employment Act ("HIRE Act") and the new Health Care Reform Acts have several significant tax-related provisions that affect individual and business taxpayers including law firms, attorneys, their staff, and their clients.

Movers & Shakers

ALM Staff & Law Journal Newsletters

Who's going where; who's doing what.

Features

Verdicts

ALM Staff & Law Journal Newsletters

Recent rulings of interest to you and your practice.

Features

'Waiving' Goodbye to Class Actions

Michael C. Schmidt

It is no secret by now that employers, particularly those in such industries as the financial services, retail and health care, continue to be hit with the legal tsunami that is class action lawsuits. Here's how to cope.

Features

Satisfying Fiduciary Duty Under ERISA

David Tabak

The Department of Labor (DOL) has issued guidance covering situations in which a pension plan, by virtue of its holdings of its employer's stock, is a potential claimant in a securities fraud suit.

Features

Are Interns Employees?

Matthew Nelson

If a would-be intern or trainee is actually an employee by another name, an employment relationship exists, and the intern or trainee is entitled to all the benefits and protections of federal law. These include the rights to minimum wage, overtime, and a discrimination-free workplace.

Features

Alternative Fee Arrangements

Bret Baccus & Fraya Lynn Hirschberg

How can a law firm choose a fee arrangement that is beneficial for the client and calculated to be profitable for the firm? Once that fee is set, how can the law firm best manage the engagement to ensure sustained profitability? How can it measure profitability in this new environment?

Features

Improving Compensation Decisions in a Mixed Economy

James D. Cotterman

How should a law firm approach compensation decisions in the current economy? The fundamentals still apply: a focus on the quality of the compensation decisions and the interrelationship of those decisions with culture and strategy.

Features

Applying the ACC Value Index to e-Discovery Providers

Mary Mack

Understanding how providers address the rating categories of the ACC Value Index as part of their everyday services and practices will make it much easier to assess the value received ' and should result in a much more predictable, cost-effective approach for managing the process.

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    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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    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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