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Features
The ABA has long published its Model Rules of Professional Conduct and modifies them from time-to-time to stay current with legal and technological developments and advances. While these Model Rules are not officially binding on attorneys, they have been adopted in large part by nearly every stateand provide a guideline for attorneys across the country regarding standards of professional responsibility and ethical conduct.
Features
Last month, the authors observed that the U.S. Supreme Court has in recent years attempted to limit the extraterritorial reach of federal courts, making it harder for them to get personal jurisdiction over foreign defendants The results of these efforts have been less than stellar. However, as the authors point out here, there are some defenses that may still work.
Features
Internal investigations have always posed vexing issues for in-house counsel. They need to make difficult decisions on matters such as scope and purpose of the investigation, who will conduct the investigation, how costs will be controlled, and the work product that they will generate.
Columns & Departments
Analysis of a case in which a utility company was convicted for regulatory violations based on corporate collective knowledge .
Features
Until recently, the typical FDCA case has involved an executive who pleaded guilty to one or more misdemeanors in the face of DOJ allegations of felony misconduct. But until the Supreme Court clarifies the bounds of the FDCA, district courts will struggle with identifying the necessary elements of individual criminal liability.
Features
Contracts between a corporation and a corporate director can give rise to certain difficulties in managing expectations of the director's obligations and responsibilities. Such contracts may create obligations that extend beyond those fiduciary duties inherent to the director position. This extension of the director's role may increase the risk of a conflict between a director's contractual obligations and his fiduciary duties.
Features
Former hedge fund manager Steven Lamar, who helped launch Dr. Dre's Beats headphones a decade ago, won the right to go to trial against the rap artist and record producer after the California Court of Appeal revived his $100 million case over unpaid royalties.
Features
The DOL recently issued its final overtime rule revamping the white collar exemptions under the Fair Labor Standards Act for executive, administrative, professional, and highly compensated employees. This Final Rule, effective Dec. 1, 2016, rolls out major changes for employers.
Features
Critics of the DMCA got some ammunition recently, when Warner Bros. asked Google to take down hundreds of copyright-infringing websites ' only to later realize that it had included legitimate sites and some of the entertainment company's own official pages. The blunder dredges up questions about whether the current notice-and-takedown system is working for both copyright owners and service providers.
Features
With four IP cases on the docket and several more knocking at the door of certiorari, the U.S. Supreme Court is poised for a banner year of patent, trademark and copyright decisions.