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Movers & Shakers

ALM Staff & Law Journal Newsletters

Fisher & Phillips LLP, a national labor and employment law firm, will move its national headquarters in Atlanta in November 2010. The firm is moving into the new 12th & Midtown development where it will occupy two floors of a new 38-story office tower at 1075 Peachtree Street. Fulbright & Jaworski L.L.P. has appointed partners to serve as new heads of its offices in Austin, TX, and Denver. In Austin, Butch Hayes, a member of this…

Features

Be Careful in Preparing Personnel Documents

Kevin C. McCormick

Since many employers regularly review their employees and record those assessments in written documents, the fact that the manager could be sued for defamation probably comes as a big surprise. A look at a recent case.

Features

Will That New Associate Get You Disqualified?

Kasey T. Ingram

When your firm takes on a new hire, you may be putting the firm at risk for disqualification from a large case. Here's why.

Hiring Highly Skilled Foreign Grads

Colleen Caden

Since the H-1B filing season is historically brief, employers and their counsel are now preparing to file H-1B petitions on behalf of employees to ensure that work authorization is secured.

Features

Health Care Reform: What Is the Impact on Employers?

W. Michael Gradisek & Timothy B. Collins

The Patient Protection and Affordable Care Act imposes significant new responsibilities on employers and employer-sponsored group-health plans. Herein is a complete rundown on what to expect and when.

Features

EDS Loses to BSkyB in Major Technology Case

Peter Brudenall

In a major decision of London's Technology and Construction Court that will have global repercussions, technology vendor Electronic Data Systems has been found liable for a deceitful misrepresentation that induced broadcaster BSkyB to enter into a contract with it.

Director and Officer Exposure

William L. Floyd

Stockholder activism is increasing, giving rise to exposure to claims. As a result, it is prudent to assess indemnification provisions and arrangements together with D&O coverage and risk management functions.

Putting Socks on an Octopus

Jonathan A. Segal

Managing outside counsel, particularly a large firm, can be particularly challenging. This article discusses 10 recommendations for strengthening the partnership between inside and outside counsel.

Features

Avoiding FCPA Liability with a Robust Compliance Program

Michael L. Whitener & Robert N. Walton

With crystal clarity, the U.S. Government has signaled its intentions regarding enforcement of the Foreign Corrupt Practices Act (FCPA): far greater resources devoted to FCPA investigations, and far harsher penalties for FCPA violations.

Features

New Arbitration Rules

Kevin F. Brady

Following in the footsteps of its very successful mediation program, the Delaware Court of Chancery recently added a new weapon to its arsenal of alternative dispute resolution options.

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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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