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Features

Solving the Information Governance Groundhog Day Syndrome Image

Solving the Information Governance Groundhog Day Syndrome

Ben Schmidt & Nathan Curtis

Security and privacy start with good information governance, and for many firms — trying to get their information governance policy implemented feels a lot like Groundhog Day. Yes, the one with Bill Murray. Let's take a closer look.

Features

The Selective Prosecution Defense Image

The Selective Prosecution Defense

Evan T. Barr

This article explores the law on selective prosecution and why, despite the long odds against success, it may still make sense from a defense perspective to assert the claim.

Features

NY's Guaranty Law Adds to Uncertainty for Both Landlords and Tenants Image

NY's Guaranty Law Adds to Uncertainty for Both Landlords and Tenants

Joshua Kopelowitz & Matthew J. Schenker

A wave of legislation designed to aid tenants during the COVID-19 pandemic has had an outsized effect on commercial landlord-tenant relations in New York City.

Features

FTC Looks to Focus On Data Privacy and Competition Image

FTC Looks to Focus On Data Privacy and Competition

Isha Marathe

The Federal Trade Commission, under its current chairperson Lina Khan, has released a flurry of press releases and blogs in recent months signaling at a focused commercial surveillance "crackdown."

Features

Duty of Candor and Good Faith With the USPTO Covers Non-Inventors and Non-Practitioners Image

Duty of Candor and Good Faith With the USPTO Covers Non-Inventors and Non-Practitioners

George Chen, Cory Smith and Ryan Fitzpatrick

Practitioners and non-practitioners that are associated with the examination of patents and patent applications should be vigilant about information that may be material to patentability to avoid having an issued patent be deemed unenforceable.

Columns & Departments

Fresh Filings

ssalkin

Rapper 50 Cent filed a right-of-publicity lawsuit against Angela Kogan and her company Perfection Plastic Surgery & MedSpa in Florida Southern District…

Features

Recession Proofing A Law Firm Image

Recession Proofing A Law Firm

Melissa "Rogo" Rogozinski

Whatever term the economists use to describe the slowing pace of commerce, the real question is: how do you protect your law firm's revenue stream when economic pressures are causing current and prospective clients to tighten their budgets?

Features

Third Circuit Holds Ethical Screen Insulates Side-Switching Lawyer's New Firm Image

Third Circuit Holds Ethical Screen Insulates Side-Switching Lawyer's New Firm

Michael L. Cook

The Third Circuit recently affirmed a bankruptcy court's denial of a defendant's motion to disqualify the plaintiff's law firm in a large adversary proceeding, holding that it had not abused its discretion because the plaintiff law firm had "complied with" ABA Model Rule of Professional Conduct 1.10(a)(2).

Features

How to Avoid the Claim Cap Becoming a 'Claim Trap' Image

How to Avoid the Claim Cap Becoming a 'Claim Trap'

Sherry Millman & Genna Grossman

Commercial landlords should consider the steps they can take when drafting and negotiating their commercial leases to minimize the adverse impact of the claim cap in the event of a tenant bankruptcy and ensuing lease rejection.

Features

Using Emotional Quotient to Help Lawyers Optimize Leadership and Business Development Potential Image

Using Emotional Quotient to Help Lawyers Optimize Leadership and Business Development Potential

Sheryl Odentz

The role of emotional intelligence, also known as EQ, Emotional Quotient, is critical to the success of lawyers who are leaders in their firms. EQ can be defined as skills people use to manage their own emotions wisely, to maximize their chances of influencing others constructively, and achieve their goals. Having high emotional intelligence helps professionals build stronger relationships, reduce stress, defuse conflict, and improve job satisfaction.

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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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