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Features

Using Artificial Intelligence In White-Collar Matters Image

Using Artificial Intelligence In White-Collar Matters

Robert G. Heim

AI currently is playing a growing role in helping white-collar lawyers and their clients analyze vast amounts of data to uncover insights, connections, and patterns that would be impossible to detect through manual reviews. This article provides an introduction to AI technology and discusses the key regulatory developments practitioners should be aware of as they advise their clients on AI.

Features

Commercial Lease Assumption Under Chapter 11 Bankruptcy Image

Commercial Lease Assumption Under Chapter 11 Bankruptcy

Paul A. Rubin & Hanh V. Huynh

Given the potentially harsh consequence of failing to timely assume a vital lease, a Chapter 11 debtor must be vigilant to avoid a forfeiture. It is important to know, however, that all might not be lost even if the debtor misses this deadline.

Features

6 Steps to a Successful Business Development Plan Image

6 Steps to a Successful Business Development Plan

Melissa "Rogo" Rogozinski

Driving Growth Through Client Success and Thought Leadership Business development is a critical part of a law firm's growth strategy. It balances client success, competitive marketing and new acquisitions in order to sustain the firm's reputation as a high-quality service provider. It is the bridge between marketing and sales. Here are six steps to building a modern business development plan that is guaranteed to drive growth through client success and thought leadership.

Features

Federal Circuit Analyzes Specification and Prosecution History Claim Language Usage Image

Federal Circuit Analyzes Specification and Prosecution History Claim Language Usage

Matthew Siegal

University of Massachusetts v. L'Oréal Absent an express disclaimer or special definition of how a term is to be interpreted, it can be frustrating to get a court to reject the plain and ordinary meaning of claim language read in a vacuum, based on the subtleties of how a term is used in a patent or its prosecution history.

Columns & Departments

Eminent Domain Law

ssalkin

Adjustment for Condemnation Blight Overturned Current Use Constitutes Highest and Best Use

Columns & Departments

Real Property Law

NYRE Staff

Partner Had Authority to Sell Tenancy In Common Property Title Report Put Subsequent Lender on Inquiry Notice of Prior Mortgage Administrator Did Not Breach Covenant Against Grantor's Acts Co-Tenant Establishes Title By Adverse Possession

Features

Supreme Court Finds 2017 Bankruptcy Fee Increases Unconstitutional But Leaves Remedy Unclear Image

Supreme Court Finds 2017 Bankruptcy Fee Increases Unconstitutional But Leaves Remedy Unclear

Theresa A. Driscoll

The Supreme Court concluded that because the 2017 amendments exempted debtors located in two States, it was not "uniform" as it did not apply equally to all debtors regardless of where they were situated and, therefore, the statute was unconstitutional.

Features

Waiver of Corporate Privilege By An Individual Defendant Image

Waiver of Corporate Privilege By An Individual Defendant

Benjamin Rosenberg

Individual employees often act pursuant to advice from their in-house counsel. If named as a defendant in which her action is challenged, the employee may want to assert advice of corporate counsel as a defense. But the privilege belongs to the employer, not the employee, and the employer may refuse to waive the privilege. Can the court abrogate the employer's privilege over the objection of the employer, and if so under what circumstances?

Features

Removing Restrictive Covenants In New York Image

Removing Restrictive Covenants In New York

Stewart E. Sterk

In 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?

Features

Five Essential Steps for Lawyers to Effective Legal Marketing Image

Five Essential Steps for Lawyers to Effective Legal Marketing

Olivia Vizachero

Learning how to market yourself does not have to be difficult. Here are five simple steps you need to follow.

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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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