Features

Securing Your Information-Rich Employee Benefit Plans
This article examines the cyber threat facing benefit plans, explores the applicable legal landscape, and recommends steps to better equip plans to prepare for and manage data breaches.
Features

Supreme Court Limits Forum Shopping with Plavix Lawsuit Decision
On June 19, the U.S. Supreme Court upended years of jurisprudence to hand corporations a gift: a far more stringent definition of specific jurisdiction that will force plaintiffs to bring suit in multiple state courts rather than join their claims to those in far-flung jurisdictions.
Features

The Food Safety Modernization Act
Comprising the largest rewrite of U.S. food safety regulations in more than 70 years, the Food Safety Modernization Act (FSMA), which was signed into law on Jan. 4, 2011, has broad implications for almost all constituents involved in the food and feed industry. But FSMA's effect on equipment lessors and other secured lenders requires some consideration and analysis.
Features

<b><i>Online Extra</b></i><br> Law Firms, Legal Departments Predicted to Focus More on IT Risk
Overall global spending in the information security services and products sector will total $86.4 billion this year, an increase of 7% over last year.
Features

In New York: Public Trust Doctrine Thwarts Retail Mall
In <I>Matter of Avella v. City of New York</I>, the New York Court of Appeals enjoined development of a retail, holding that the development proposal would constitute an impermissible alienation of parkland by the City of New York. Here are the implications of that ruling.
Features

Psychological Subjugation: The Elusive Form of Abuse
Mental health and legal professionals must devote more resources to studying the interpersonal dynamics of subjugation that is accomplished without resort to physical force, and the implications of these dynamics for the appropriate adjudication of custody/access disputes.
Features

The Alien Tort Statute
The U.S. Supreme Court will soon decide the long-awaited issue of whether corporations can be liable under the Alien Tort Statute (ATS), enacted by the First Congress more than 225 years ago.
Features

Is This Really Patentable?
<b><i>Strategies to Defend Against Patent Claims by Raising Lack of Patentable Subject Matter in District Court Litigation</b></i><p>With the Supreme Court's decision in <i>Alice</i>, parties defending against a claim of patent infringement gained a potential way to find an early resolution to patent litigation.
Features

Diversity As a Differentiator in the Legal Profession
One aspect of law firms that is becoming increasingly of interest to clients — and an area that might offer opportunities for differentiation — is law firm commitment to increasing and sustaining diversity.
Features

Copyright Royalty Board Gets E-Filing System
The Library of Congress' Copyright Royalty Board, the panel of three judges who set copyright royalty rates and settle related disputes, announced the launch of an electronic filing and case management system in an effort to streamline its manual and cumbersome case management processes.
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- Protecting Innovation in the Cyber World from Patent TrollsWith trillions of dollars to keep watch over, the last thing we need is the distraction of costly litigation brought on by patent assertion entities (PAEs or "patent trolls"), companies that don't make any products but instead seek royalties by asserting their patents against those who do make products.Read More ›
- Meet the Lawyer Working on Inclusion Rider LanguageAt the Oscars in March, Best Actress winner Frances McDormand made “inclusion rider” go viral. But Kalpana Kotagal, a partner at Cohen Milstein Sellers & Toll had already worked for months to write the language for such provisions. Kotagal was developing legal language for contract provisions that Hollywood's elite could use to require studios and other partners to employ diverse workers on set.Read More ›
- From the PTO to the FDA: What to Consider When Branding Clinical TrialsThe legal implications of branding generally arise initially for companies during the process of selecting a company name and any initial product or service names. For drug development companies, however, careful consideration should also be paid to the implications of branding a clinical trial.Read More ›
- 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 ›