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Features

Drawing the Line Between Fact- and Expert-Witness Testimony

Joshua Becker & Sarah O'Donohue

As is often the case in product liability lawsuits, the recent bellwether trial in the Risperdal litigation involved several disputes about the admissibility of expert testimony. However, one such dispute is notable because the "expert" testimony in question was actually from a fact witness.

Features

<b><i>Online Extra:</b></i> Battle Over .SUCKS Domain Gets Testy

Lisa Shuchman

The registry that owns the controversial domain name ".sucks" has put the Internet Corporation for Assigned Names and Numbers (ICANN) on notice that its criticisms and actions against the company could lead to legal action.

Federal Circuit Weighs in on a Lower Standard For Attorney Fee Awards

Tammi L. Hill

The Federal Circuit recently clarified the standard for an award of attorney fees under 35 U.S.C. '285 in <i>Oplus Technologies, Ltd. v. Vizio, Inc.,</i> holding that the record in the district court did not support a denial of attorney fees.

Features

Navigating Triangular Setoff Through Safe Harbors

Jeff J. Friedman & John J. Ramirez

An in-depth discussion of Safe-Harbored contracts and protected entities.

When Licensed Professionals Commit Insurance Fraud

Evan H. Krinick

Insurance fraud is committed not only by people who set fire to their homes for the insurance money or who lie about "missing" property that was in their "stolen" cars. Doctors and lawyers also commit insurance fraud. They risk the usual penalties, including potential jail time, as well as the loss of their ability to practice their profession.

Features

New Anti-Kickback Law 'Safe Harbors' Proposed

Francis J. Serbaroli

The problems of poor-quality or unnecessary care were caused, in part, by the fee-for-service payment system that was in effect for generations. The fee-for-service model unfortunately offered the wrong incentives to dishonest or poor-quality providers to maximize revenue by maximizing services regardless of the quality or the medical necessity of the services provided.

Federal Circuit To Revisit Patent Exhaustion <i>En Banc</i>

Guy Yonay

The Federal Circuit is set to hear argument <i>en banc</i> in <i>Lexmark International, Inc. v. Impression Products, Inc.,</i> a case involving two critical aspects of patent exhaustion.

The Greatest Article Ever Written on Puffery!

R. Scott Oswald & Adam Augustine Carter

What might ordinarily be run-of-the-mill puffery can be transmogrified into large scale liability for a company where the company representative knows what he or she says is not reasonably supportable. A look at some recent cases.

Features

Crackdown on Offshore Tax Evasion Not Slowing Down

Robert J. Alter

The DOJ Tax Division and the IRS have been ramping up an intense crackdown on offshore tax evasion, and the IRS's reduced resources due to new budget cuts is having no effect on IRS enforcement initiatives in this area.

Features

Drawing the Line Between Fact- and Expert-Witness Testimony

Joshua Becker & Sarah O'Donohue

As is often the case in product liability lawsuits, the recent bellwether trial in the Risperdal litigation involved several disputes about the admissibility of expert testimony. However, one such dispute is notable because the "expert" testimony in question was actually from a fact witness.

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