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Features

NY Divorce Rule Freezes Couple's Assets Without Court Order

Joel Stashenko

As of Sept. 1, 2009, divorcing couples in New York no longer need to seek a temporary restraining order prohibiting their spouse from the unauthorized spending, transfer or concealment of assets under a rule established by court administrators.

Features

How to Succeed in a Relocation Case

Jerome A. Wisselman & Eyal TalassazanBy Jerome A. Wisselman & Eyal Talassazan

It can be a difficult task to persuade a court that it should permit the relocation of a child. Here are some of the pitfalls and how to avoid them.

Year's-End Developments in Same-Sex Marriage Law

Janice G. Inman

In December, the New York State Legislature failed to pass a proposed same-sex marriage bill. As everyone knows, however, that is not the end of the story. More attempts will be made, and many issues surrounding same-sex marriage will continue to be debated and litigated.

Features

Business Crimes Hotline

ALM Staff & Law Journal Newsletters

National rulings of importance.

Features

In the Courts

ALM Staff & Law Journal Newsletters

Recent rulings of interest to you and your practice.

Features

The Speech or Debate Clause

Stanley M. Brand

A recent indictment of a former Member of Congress has rekindled the legal debate over the scope and effect of the Speech or Debate clause and perhaps presages a return to the Supreme Court for a ruling to settle the conflict among the circuit courts about interpretation of the Clause.

Features

New Use of Wiretaps in Insider Trading Cases

Stanley A. Twardy, Jr. & Doreen Klein

On Oct. 16, 2009, federal agents arrested Raj Rajaratnam, the founder of hedge fund Galleon Group, in an alleged insider trading scheme that involved well known public companies and thus far 20 defendants, including lawyers, stock traders, management consultants, and executives inside the issuers themselves. Wiretapping was part of the case.

Features

Who's Allegedly 'Cooking the Books' and Where?

Toby J.F. Bishop & Frank E. Hydoski

In a poll conducted during an April 23, 2009 Deloitte online seminar entitled "Managing Fraud Risk: Insights and Practical Strategies," 72% of the 2,123 respondents indicated a belief that the number of accounting frauds uncovered would increase over the next two years.

Features

Restructuring in Canada

Aubrey Kauffman

This article is an attempt to familiarize American readers with some of the nuances and new amendments you may encounter if you are involved in a Canadian insolvency situation.

Features

Post-Bankruptcy Legal Fees

Michael L. Cook

Lenders, financial advisers, accountants, indenture trustees and other professionals who bargain for reimbursement of their legal fees should be reassured by <i>Ogle v. Fid. &amp; Deposit Co. of Md.</i> Here's why.

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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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  • In the Spotlight
    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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