Features
Real Property Law
Recent decisions of importance to you and your practice.
Landlord & Tenant
Recent decisions of importance to you and your practice.
Features
Litigation
Recent rulings of importance to your practice.
The Marital Estate: Stock Options and Restricted Stock
Stock options became a large part of many marital estates involved in marriage dissolution during the "bubble" of the late 1990s. As one would expect, the courts struggled with the issues this new situation presented, primarily what options were to be included in the marital estate.
Features
Hearsay Exception Used in Abuse Case
A child who is too young to testify against her alleged abuser may speak through her mother, under an unusual application of an exception to the hearsay rule. A judge in upstate New York has ruled that the mother of a 3-year-old girl can testify about what the child told her in complaining that the mother's boyfriend had fondled her. The child had awakened her mother to tell her of the assault.
Features
How to Get Paid for Your Services and Enjoy Practicing Family Law
The practice of family law can be fulfilling and profitable if you ensure that your clients pay you. If you are paid for your work, your practice will be successful and you will be happy; if you are not paid for your services, you will abhor family law.
Term Life Insurance in Divorce Cases: A New Deal
As circumstances change, matrimonial practitioners must review the law in certain areas to see if those laws need to be amended to keep pace with changing times. For example, the onset of AIDS has created almost a new class of terminally ill people. These people who are involved in divorce cases may find themselves in a legal conundrum when it comes to term life insurance benefits. Traditionally, under prior law in some states, only cash surrender value was deemed property. <i>See, e.g., In re Marriage of Mullins</i>, 121 Ill.App.3d 86, 458 N.E.2d 1360 (Ill. 4th Dist. 1984). Historically, term policies, therefore, had no value in divorce proceedings. Those cases, however, may be distinguishable where the insured was not terminally ill, and the proceeds therefore become much less speculative.
Bush Signs Anti-Spam Bill
On Dec. 16, President George W. Bush signed the "can spam" legislation passed earlier in the month by Congress. The legislation provides for jail time and hefty fines for serious violators and calls for the creation of a "do not spam" registry.
FDA Web Site Provides Treasure Trove of Information
If you are seeking information about adequate warning labels, go to the Food and Drug Administration's (FDA) Web site (<i>www.fda.gov</i>) and type in "adequate warning labels." Information will appear in milliseconds, covering everything from correspondence with manufacturers to FDA Public Health Advisories and sections from the Federal Register.
2003 Legal Services Spending Assessment
An annual survey of General Counsel
Need Help?
- Prefer an IP authenticated environment? Request a transition or call 800-756-8993.
- Need other assistance? email Customer Service or call 1-877-256-2472.
MOST POPULAR STORIES
- Use of Deferred Prosecution Agreements In White Collar InvestigationsThis article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.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 ›
- Surveys in Patent Infringement Litigation: The Next FrontierMost 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.Read More ›
- The DOJ's New Parameters for Evaluating Corporate Compliance ProgramsThe parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.Read More ›
- In the SpotlightOn 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 & 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.Read More ›
