Index
A guide to eerything contained in this issue, in an easy-to-use format.
Media & Communcations Corner: Alleviating Client Fatigue Caused by Legal Directories
The process of positioning lawyers and law firms for potential rankings ' all in an effort to boost their stature in a keenly competitive legal market, of course ' may impair the relationships with the very clients they hope to impress.
Career Journal: Marketing's Greater Impact During the Great Recession
In 2009, the investments that so many had encouraged their respective firms to make actually started to pay some dividends.
Client Speak: Cross-Selling ' Optional or Obligatory?
<i>Cross-selling in today's environment? You must be kidding. I have enough trouble holding on to what I have.</i> If that's your reaction, it's understandable. After all, businesses are cutting back on expenses; and, as you well know, in-house legal departments are not immune.
Features
MA Recognizes Medical Monitoring Based on Exposure to Cigarette Smoke
The Massachusetts Supreme Judicial Court ("SJC") has recognized a cause of action for the projected costs of medical monitoring when a product has not caused any actual disease or illness but solely subclinical physiological changes associated with an increased risk of disease. The decision will have broad implications for product manufacturers and sellers.
Features
Practice Tip: FDA Issues Draft Guidance for REMS
On Sept. 30, 2009, the FDA issued a draft guidance for industry on better understanding and implementing Risk Evaluation and Mitigation Strategies (REMS), which the FDA requires for certain drugs or biologics.
Features
News Briefs
Highlights of the latest franchising news from around the country.
Court Watch
Highlights of the latest franchising cases from around the country.
CPSC Poised to Implement Online Product Hazard Database
The CPSC is posed to unveil its own online reporting system and public database of actual and potential product hazards. Unless the CPSC implements adequate safeguards, information disseminated through the new online database may be wholly unverified.
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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 ›
- 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 ›
- 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 ›
- Strategy vs. Tactics: Two Sides of a Difficult CoinWith each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.Read More ›
