Features
'Who's Your Daddy?'
A roundeup of recent paternity and custody cases and what they portend in current matrimonial law.
Features
Case Notes
Recent rulings of interest to you and your practice.
The Coming Age of Nanotorts
Within a few short decades, nanotechnology has shown the potential to deliver revolutionary advances ' amazing, economy-disrupting, life-changing advances ' in almost every facet of our lives. Yet few lawyers understand what nanotechnology is and even fewer have a grasp of how the nanotechnology revolution is likely to influence tort litigation.
Features
Technology Puts a Dream House on Hold
A look at <i>A.E., Inc. v. Goodyear Tire and Rubber Co., Inc.</i>, No. 05-CV-01317 (D. Colo. 2007), in which visual technology paid a major part in the trail.
Consumer Product Industry, Take Note
A new federal whistleblower law will likely result in consumer product manufacturers, distributors and retailers facing expensive and lengthy litigation from current or former employees who recast themselves as whistleblowers to challenge adverse employment actions. There are a number of steps employers should take to protect themselves from this expected wave of new litigation.
Practice Tip: Changing Standards in Safety
While safety standards have existed for years for warning labels, safety signs and hang tags, no standard existed that provided guidance for manufacturers in drafting safety information in manuals or other collateral materials. Now ANSI Z535.6 has been approved, which will create consistency in longer product materials and, if followed, assist in the defense of product liability failure-to-warn claims.
NJ Trial Court Dismisses Two Hormone Therapy Cases Against Manufacturers
In a significant victory for pharmaceutical companies, the New Jersey Superior Court has granted summary judgment to Wyeth in two hormone therapy cases that had been scheduled for trial last fall.
Communicating Effectively with Colleagues and Clients
Are you a successful partner? Are you thriving at your firm and with your clients by raising your communication bar and keeping it high? The following four principles will enable you to improve your effectiveness when communicating orally or in writing with colleagues and clients.
The Treasury Department's Guidelines on Executive Pay
President Obama and Treasury Secretary Timothy F. Geithner stood together on Feb. 4, 2009, to announce the Treasury Department's new set of guidelines restricting executive compensation at financial institutions that receive governmental money. Here's what this entails.
Giving 'Til It Hurts
Even with firm cuts and layoffs, no firm can afford to give up a community-related giving practice. It can, though, and should be, controlled.
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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 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 ›
- 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 ›
- In the SpotlightOn 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 & 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.Read More ›
