Features
Lawyers for Former Reznor Manager Must Hand over Client Documents
The Court of Appeals of Ohio, Eighth District, affirmed an order to compel the production of documents from trademark lawyers for John Malm, former manager of musician Trent Reznor, for use in litigation between Malm and his counsel from an earlier suit that Reznor had filed against Malm.
Features
Legal Lessons Gleaned from Music Industry's High-Profile, File-Sharing Litigation
When the cash-strapped recording industry announced at the end of 2008 that it would largely drop its aggressive litigation campaign against unauthorized file sharers, some observers saw this as a defeat for record labels. But numerous court rulings have been issued over the past few years that debate and/or establish legal guidelines that will be referenced in file-sharer cases that are either still in the pipeline or may later crop up. This article examines some of the most recent of these cases and decisions.
The HITECH Act And Health Care Attorneys
President Barack Obama executed The American Recovery and Reinvestment Act of 2009 (the "Stimulus Act") on Feb. 17, 2009. The new legislation, while aimed at stimulating the economy and increasing patient safety, has another side that health law attorneys need to be aware of.
New Jersey's Medical Error Reporting Law, And What It Will Accomplish
An examination of the reasons why health care providers fail to meet their ethical obligation to disclose errors can shed light on how mandatory error reporting will change malpractice litigation.
Stimulus Funds For Electronic Medical Record Systems
One of the newer ideas for reducing medical errors is to have medical providers use electronic medical record keeping methods. However, the single greatest inhibitor to taking advantage of technology is the requirement for an initial investment and, in the medical records technology area, this could be significant.
Features
Off-Label Promotion of Drugs and Medical Devices
A spate of billion- and hundred-million-dollar settlements with the Department of Justice (DOJ) illustrates how the investigation of off-label promotions of drugs and devices has emerged as a predominant theory in pharmaceutical and medical-device prosecutions.
Features
Real Property Law
Key analysis and discussion of decisions you need to know.
Features
Landlord & Tenant
Discussion and analysis of recent rulings.
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MOST POPULAR STORIES
- Protecting Innovation in the Cyber World from Patent TrollsWith trillions of dollars to keep watch over, the last thing we need is the distraction of costly litigation brought on by patent assertion entities (PAEs or "patent trolls"), companies that don't make any products but instead seek royalties by asserting their patents against those who do make products.Read More ›
- Private Equity Valuation: A Significant DecisionInsiders (and others) in the private equity business are accustomed to seeing a good deal of discussion ' academic and trade ' on the question of the appropriate methods of valuing private equity positions and securities which are otherwise illiquid. An interesting recent decision in the Southern District has been brought to our attention. The case is <i>In Re Allied Capital Corp.</i>, CCH Fed. SEC L. Rep. 92411 (US DC, S.D.N.Y., Apr. 25, 2003). Judge Lynch's decision is well written, the Judge reviewing a motion to dismiss by a business development company, Allied Capital, against a strike suit claiming that Allied's method of valuing its portfolio failed adequately to account for i) conditions at the companies themselves and ii) market conditions. The complaint appears to be, as is often the case, slap dash, content to point out that Allied revalued some of its positions, marking them down for a variety of reasons, and the stock price went down - all this, in the view of plaintiff's counsel, amounting to violations of Rule 10b-5.Read More ›
- Meet the Lawyer Working on Inclusion Rider LanguageAt the Oscars in March, Best Actress winner Frances McDormand made “inclusion rider” go viral. But Kalpana Kotagal, a partner at Cohen Milstein Sellers & Toll had already worked for months to write the language for such provisions. Kotagal was developing legal language for contract provisions that Hollywood's elite could use to require studios and other partners to employ diverse workers on set.Read More ›
- 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 Goes Phishing: The Rise of False Claims Act Cybersecurity LitigationWhile the DOJ Civil Cyber-Fraud Initiative is still in its early stages and cybersecurity regulations are evolving, whistleblower plaintiffs have already begun leveraging the FCA to pursue alleged noncompliance with government cybersecurity requirements.Read More ›