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ALM Staff & Law Journal Newsletters

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

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Litigation

ALM Staff & Law Journal Newsletters

Recent rulings of importance to you and your practice.

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Current Trends in Long-Arm Jurisdiction

Paul L. Feinstein

Particularly in these times when many people have had to travel out of state just to become or remain employed, an important but overlooked aspect of matrimonial law practice remains personal jurisdiction.

Features

The Rights to Pre-Embryos Upon Divorce

Stephanie F. Lehman

While courts have failed to recognize a property interest in a person's body parts or tissue, they have, through recent litigation, attempted to answer the question whether to classify pre-embryos ' a particular configuration of human cells, which are created during a marriage ' as marital property.

Advertising 2010

Jeffrey Morgan

In these times, it's important to remember that advertising is still a vital tool that firms may use to position and express their brand and message. What better time than now to look ahead to what firms should be considering to use to better position themselves for the coming year and the ultimate rebound?

The Best of MLF 2009: What You Missed!

Elizabeth Anne

Excerpts from "The Best of MLF 2009," from January through June.

Features

The CPSIA : One (Difficult) Year Later

Jonathan I. Handler, William S. Rogers Jr. & Meredith French

Though its enactment in 2008 was well-intentioned, implementation of the CPSIA has been a logistical nightmare ' largely because this far-reaching law was enacted without providing adequate resources to the CPSC to enforce it or giving sufficient forethought to its implications for the affected businesses.

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Practice Tip: The Economic Loss Rule

Jason P. Thomas & John L. Tate

A relative youngster in terms of legal doctrines, the Economic Loss Rule has quickly gained widespread acceptance in state and federal courts. First recognized by California in 1965, it has now been endorsed in some form by the U.S. Supreme Court and nearly every state.

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Climate Change and Global Warming

Christopher P. DePhillips & Justin C. Hallberg

This article examines four avenues for addressing the problems of climate change and global warming: international diplomacy, litigation, regulatory agency action, and legislation. Various aspects of these avenues impact product manufacturers and, in turn, product liability litigation.

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The Evolving Economy and Four Resulting Trends for the Legal Profession

Blane Prescott

The following is an updated version of an article first published by Blane Prescott, Vice President with Hildebrandt, in the closing months of 2008.

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MOST POPULAR STORIES

  • Surveys in Patent Infringement Litigation: The Next Frontier
    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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