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<b><i>Professional Development:</i></b> Trust: Addressing The Issue In Business Development Training
Bruce Alltop
If your Professional Development program does not include a component focused on the importance of trust and isn't engaged with firm leadership on how best to overcome the two most prevalent types of trust in a professional services firm, that may be the reason why the firm's client team program isn't as successful as everyone would like it to be.
Features
Alternative Dispute Resolution Clauses for Leases and Real Estate Contracts
Gary S. Salzman
This article briefly explores a few instances where an ADR clause should be strongly considered. Although the article is primarily based upon Florida law, the legal principals discussed are likely common and applicable to most other jurisdictions in the U.S.
Lessons from the $148M Fraud by Dole's GC and CEO
Karen Brunton Bloom, Evelyn Cruz Sroufe
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Luis R. Mejia
The Delaware Chancery Court ordered Dole Food Co. Inc. CEO David Murdock and COO and General Counsel C. Michael Carter to pay Dole shareholders $148 million for fraud in connection with the company's 2013 take-private deal. The Aug. 27 decision is one of the largest awards ever to shareholders in a deal-related lawsuit.
Features
Off-Label Promotion, State-Level Injury Lawsuits and Preemption
Alan Minsk
Recently, the Tenth Circuit found that federal law preempts injury and negligence claims, brought under state law, even if the claims arise out of potential off-label promotion by the device manufacturer.
Columns & Departments
In the Courts
ALM Staff
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Law Journal Newsletters
Analysis of a recent ruling in which the United States District Court for the Eastern 'District of New York issued an opinion in support of the sentencing of Ion Catalin Vrancea, who was convicted on multiple counts in 'November 2013.
Seasonal Retail Leasing
Mindy W. Sherman
Whether you are a landlord of a shopping center, a long-term retail tenant, or a temporary seasonal tenant, there are several leasing issues that arise during the holidays that are worth noting. Here is a list of some common areas of concern and questions for you to check at least once, if not twice.
Features
Suit Sheds Light on e-Commerce Fraud
Charles Toutant
A New Jersey online ad agency claims in a suit filed in federal court in Newark that it was defrauded by artificially generated Web traffic on a company's website, an issue e-commerce attorneys said is "extremely prevalent," but rarely litigated.
<b><i>Practice Tip:</i></b> Starting Medical Device Mass Tort Actions
Lawrence Goldhirsch
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Michael Pederson
A medical device case poses numerous pleading problems. However, before one even reaches the pleading stage, there are major hurdles to consider.
Features
Field-Based Intelligence
David Deppe
Has acceptance of technology-assisted review (TAR) finally turned a corner and earned broad acceptance in the legal community? Some recent comments by the influential and technology-savvy Magistrate Judge Andrew Peck would seem to indicate that TAR has moved beyond the controversial stage and entered into the mainstream of e-discovery practice.
Features
Crazy for Fair Use
Kyle-Beth Hilfer
The Ninth Circuit has held that fair use is an exception to copyright law and not a defense, in the first federal appeals court ruling on this issue. The decision is the latest in the ongoing battle between plaintiff Stephanie Lenz and defendant Universal Music Corp. and affiliated companies (Universal). Starting in a rural kitchen in Pennsylvania, the case is now a landmark decision in copyright law that protects many home videographers.
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MOST POPULAR STORIES
- A Lawyer's System for Active ReadingActive reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.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 ›
- Lack of Logo Placement At Center of Ruling Over Meat Loaf Album PackagingTo build visibility for its brand, a record label or production company will want its logo included on products containing its master recordings manufactured and distributed by third parties. This will be addressed in the agreement between the label or production company and manufacturer/distributor. The failure to include the logo may raise a host of issues, from the breadth of the logo-placement obligation ' such as whether it includes Internet downloads ' to the proper theory on which to base any damages and just which album-sales figures are subject to evidentiary discovery. A recent ruling by the U.S. Court of Appeals for the Sixth Circuit ' in a long-running dispute between Cleveland International Records and Sony Music Entertainment ' illustrated how these issues may be argued and decided.Read More ›