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The Subprime Mortgage Crisis and D&O Insurance: A New Frontier of Litigation

Nancy D. Adams

Whether a D&O policy will afford coverage for the litigation resulting from the collapse of the subprime mortgage lending industry is yet to be seen. As discussed in this article, there are several policy provisions that are likely to be relevant in the subprime context.

Features

Movers & Shakers

ALM Staff & Law Journal Newsletters

Information about the advancement of lawyers in the patent profession.

Features

Don't Get Caught With Your Patents Down

Terry Ludlow

Part One of this series discussed the history of licensing and the need to prove infringement. This month's installment addresses patent trolls and the rise of the Asian IP powerhouse.

Searching for BRICS

John H. Hornickel

The worldwide patenting landscape is undergoing slow but inevitable tectonic shifts. During the first half of this century, the oligopoly of the United States, Europe, and Japan as the source of the vast majority of new ideas will be broken with the rise of innovation concentrated in other nations beyond the Trilateral, as the USPTO, EPO, and JPO are known.

Features

Intellectual Property: Currency of the New Economy

Keith Bergelt

This article considers the way in which the capital markets view IP assets and the means by which IP is emerging as the currency of the new economy.

Five Significant Inter-Generational Relations Blunders

Phyllis Weiss Haserot

Firms are struggling with generational divides because they make the blunders enumerated in this article.

Features

It's No Coincidence: The Successful Firms Have Strong Management and Leadership

Robert W. Denney

Nothing is as important to the success of a law firm as strong leadership at the top. Yet, in far too many firms, the partners are still reluctant to give anyone the CEO authority needed for effective management and leadership.

Features

Advancing Women in Law Firms

Jennifer Bluestein

This article lays the groundwork for those in power to learn how they can help women lawyers succeed.

Features

Forfeiture-for-Competition Agreements

Wayne N. Outten & Mark R. Humowiecki

Law firms are constrained by professional ethics in how they address the issues of lawyer mobility. Rule 5.6 of the ABA Model Code of Professional Responsibility expressly prohibits lawyers from entering into agreements that restrict their right to practice, including covenants not to compete. The overwhelming majority of jurisdictions interpret the rule to preclude less direct restrictions on competition, including financial penalties known as 'forfeiture-for-competition' agreements.

Features

Movers & Shakers

ALM Staff & Law Journal Newsletters

News about lawyers and law firms in the franchising industry.

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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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