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Decisions of Interest
Recent rulings of interest to you and your practice.
Features
Drug & Device News
Recent developments in this all-important area.
Features
'Cyber Monday' a Big Hit Again
Cyber Monday, three days after Black Friday (the traditional start of the holiday shopping season for bricks-and-mortar retail outlets), was its usual hit with e-tailers in 2009 ' in fact, the largest yet in terms of sales. Comprehensive final sales figures weren't available by press time, but it appears that online shopping at the start of the holiday season was up at least 5% over 2008.
Features
FTC Guidelines Fallout
The regulations that the Federal Trade Commission recently promulgated on product endorsements could result in injunctions for bloggers and advertisers, who could be ordered to reimburse consumers for financial losses stemming from product reviews that are considered inappropriate under the new guidance.
Features
Certificate of Merit Laws Under Fire
In last month's issue we began a discussion of <i>Putman v. Wenatchee Valley Medical Center</i>, in which the Supreme Court of Washington struck down that state's law requiring the filing of a certificate of merit in medical malpractice lawsuits. Part Two herein concludes the discussion.
Medspa Operations
The medical spa industry has grown rapidly over the last several years. In 2004, there were only 471 in the United States, but by 2009 there were nearly 2,000. The law of averages suggests that with more spas, more treatments and more injuries, there are bound to be more mishaps and adverse reactions at these facilities.
Features
The Law of Unintended e-Consequences
Everyone who has ever worked on a tech project, whether in e-commerce or general business, has probably seen situations in which an assumed solution creates a bigger mess than the original problem. It's called <i>the law of unintended consequences.</i> A recent federal appellate ruling shows how this rule can work in the law.
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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 ›
- Don't Sleep On Prohibitions on the Assignability of LeasesAttorneys advising commercial tenants on commercial lease documents should not sleep on prohibitions or other limitations on their client's rights to assign or transfer their interests in the leasehold estate. Assignment and transfer provisions are just as important as the base rent or any default clauses, especially in the era where tenants are searching for increased flexibility to maneuver in the hybrid working environment where the future of in-person use of real estate remains unclear.Read More ›
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