Features
Lessons from Food Litigation: Managing the Interaction of Litigation, Legislation, and Regulation
A new generation of food-related litigation, and class action litigation in particular, has been launched.
Practice Tip: Determining Damages to Entrepreneurs
This article explores some common problems encountered in determining damages to entrepreneurs.
Features
Supreme Court to Confront FDA Pre-emption and the Consequences of 'Overwarning'
In 2008, the U.S. Supreme Court will likely decide a key question that has driven FDA pre-emption debates over the past decade: whether ' as plaintiffs' counsel maintain ' warning labels for FDA-approved drugs and medical devices provide only 'minimum standards,' or whether ' as the FDA insists ' they provide a balanced judgment of the FDA, setting both a floor and a ceiling on safety warnings.
Features
What's Hot, What's Not
News about lawyers, law firms, and the latest trends in the partnership arena.
Generational Differences: Not the Only Issue
How have we become so focused on whom we hire, promote, and retain, and in the process, lost sight of the needs of the clients we serve or solicit?
Features
Creating Positive Visibility Within Your Organization
As you become more senior in an organization, the quality of your professional network becomes a more significant factor in determining success than your substantive skills. Consequently, your career game plan should include strategic avenues for creating positive visibility within your organization.
Features
Sustaining the Ethical Law Firm
This article discusses the key issues in establishing and maintaining a culture of ethical behavior through governance, leadership, and strategic direction.
Responding to Claims Against Your Law Firm
No matter how good a loss prevention program your firm has in place, it is a sad but inevitable fact of life that you will have claims. Your goal as a firm manager, therefore, is not to reduce claims incidence to zero, but rather to have a sound program in place to identify and respond to claims in a manner that minimizes your losses. Here are some thoughts on how to do that from the perspective of a trial lawyer who has spent much of the past 30 years defending law firms against such claims.
Selecting Experts in Patent Cases: A Few Simple Considerations
This article discusses several simple considerations that confront a litigant when selecting experts in a typical patent case.
Features
Who Cares About Japan?
In the first article in this series, we established that the Japanese government has taken a keen interest in rebuilding its regulatory foundation to help strengthen the country's intellectual property rights ('IPR'). The second installment explored the evolving strategies Japanese corporations have and are beginning to employ to leverage their intellectual capital. This final installment focuses on Japan's leading role in developing and enforcing international IPR, specifically within Asia.
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- Judge Rules Shaquille O'Neal Will Face Securities Lawsuit for Promotion, Sale of NFTsA federal district court in Miami, FL, has ruled that former National Basketball Association star Shaquille O'Neal will have to face a lawsuit over his promotion of unregistered securities in the form of cryptocurrency tokens and that he was a "seller" of these unregistered securities.Read More ›
- Bankruptcy Sales: Finding a Diamond In the RoughThere is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.Read More ›
- Compliance Officers and Law Enforcement: Friends or Foes?<b><i>Part Two of a Two-Part Article</b></i><p>As we saw in Part One, regulators have recently shown a tendency to focus on compliance officers who they deem to have failed to ensure that the compliance and anti-money laundering (AML) programs that they oversee adequately prevented corporate wrongdoing, and there are several indications that regulators will continue to target compliance officers in 2018 in actions focused on Bank Secrecy Act/AML compliance.Read More ›
- Removing Restrictive Covenants In New YorkIn Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?Read More ›
- Artist Challenges Copyright Office Refusal to Register Award-Winning AI-Assisted WorkCopyright law has long struggled to keep pace with advances in technology, and the debate around the copyrightability of AI-assisted works is no exception. At issue is the human authorship requirement: the principle that a work must have a human author to be eligible for copyright protection. While the Copyright Office has previously cited this "bedrock requirement of copyright" to reject registrations, recent decisions have focused on the role of human authorship in the context of AI.Read More ›