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Features

The Case for Having A Lawyer As Your Financial Planner Image

The Case for Having A Lawyer As Your Financial Planner

Bryce Sanders

The accounting industry picked up on this idea years ago when the big accounting firms set up subsidiaries offering management consulting services. Lawyers are in an ideal position to offer impartial investment advice because they are fiduciaries.

Columns & Departments

CRE Case Roundup

CLLS Staff

A compilation of commercial real estate rulings in courts across the country.

Columns & Departments

Upcoming Event

ssalkin

Copyright Year in Review. Dec. 9, 2022

Features

Legal Tech: Twitter's Future and E-discovery Image

Legal Tech: Twitter's Future and E-discovery

Cassandre Coyer

Whether Twitter's doomsday is coming is still uncertain. But the threat of loss of years' worth of companies' data could be the impetus behind testing collection tools and reevaluating e-discovery processes.

Features

Meeting Client Expectations Image

Meeting Client Expectations

Alex Geisler

The New Reality, for which law firms are scrambling to equip themselves, is that law firms no longer define their own service levels. Now it's the clients, and they have clear expectation parameters.

Features

District Court Provides Guidance on 'Psychedelic Confusion' Image

District Court Provides Guidance on 'Psychedelic Confusion'

John J. Rapisardi & Matthew Kremer

The U.S. District Court for the Southern District of New York recently provided critical guidance on what the court observed as the "psychedelic confusion" surrounding the intersection of Bankruptcy Code §365, governing the assumption and rejection of executory contracts, and Bankruptcy Code §503, governing administrative priority.

Features

Recent Decisions Fill Gap In §951 Notification Requirement for Agents of Foreign Governments Image

Recent Decisions Fill Gap In §951 Notification Requirement for Agents of Foreign Governments

David Aaron

The Northern District of Illinois recently issued an opinion which criminalizes acting in the United States as an agent of a foreign government without notifying the attorney general.

Features

Incident Response Plans and Tabletop Exercises May Be A Waste of Time Image

Incident Response Plans and Tabletop Exercises May Be A Waste of Time

Larry Gagnon

Developing and delivering an IRP or TTE to improve the effectiveness of your incident response approach, in isolation, does not work. If your incident response preparation activity does not include some fundamental tactical actions, when the time comes and your house is on fire, your breach response will fail to meet your expectations.

Features

Hot Button Enforcement Issues In the New Canadian Consumer Privacy Protection Act Image

Hot Button Enforcement Issues In the New Canadian Consumer Privacy Protection Act

John Beardwood & Shan Arora

Part Four In a Series The conclusion of the series on Canada's recently introduced Consumer Privacy Protection Act looks at hot button enforcement issues in the Act.

Features

The Great Resignation and Its Impact on Legal Department Contract Workflows & KM Image

The Great Resignation and Its Impact on Legal Department Contract Workflows & KM

Shanil R. Vitarana

Like other organizations, including law firms, in-house legal departments have not been spared from the "great resignation." Lawyers and professionals across all industries are actively seeking new opportunities for a host of reasons including better pay, better culture and better balance. When they leave, they take with them not just their talent but the institutional knowledge they've accumulated, while their former team members are left to piece things together.

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    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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    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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