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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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 ›
- Risks of “Baseball Arbitration” in Resolving Real Estate Disputes“Baseball arbitration” refers to the process used in Major League Baseball in which if an eligible player's representative and the club ownership cannot reach a compensation agreement through negotiation, each party enters a final submission and during a formal hearing each side — player and management — presents its case and then the designated panel of arbitrators chooses one of the salary bids with no other result being allowed. This method has become increasingly popular even beyond the sport of baseball.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 ›
- 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 ›
- 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 ›