Features
When Will the New European Data Laws Come In?
One of the most frequent questions that we have at the moment is about the timetable for Europe's changes to data protection laws. Needless to say, there is no definite answer. However, the path forward may recently have become just a little clearer.
Features
Same As It Ever Was?
Although several important questions remain unanswered by the Supreme Court, present case law suggests that arbitration clauses may permit consolidation even if those clauses do not address the issue overtly, and that arbitrators, rather than courts, make those decisions.
Features
The New Attorney General and You
Loretta Lynch, formerly United States Attorney for the Eastern District of New York, likely will be the newly confirmed Attorney General of the United States by the time you read this. As spectacle, a changing of the guard is always worthy of note. But for others who are embroiled in or worried about investigations, the change may matter a great deal.
At the Intersection: The LPM Maturity Model
Unless you are deaf to the present realities in today's legal marketplace, you now hear the steady drumbeat of client-focused legal service delivery: a persistent rhythm driving you toward Legal Project Management (LPM). Clients are insisting that firms price and deliver services that fit their tolerance for risk, produce excellent results and keep the work within budget.
Federal Circuit Clarifies the Limits Of Patent Exhaustion
The Federal Circuit recently clarified the limits of patent exhaustion as it applies to "authorized acquirers" and "complementary goods," holding that authorized sales to persons practicing handset claims did not exhaust a patent owner's rights to enforce distinct but related content claims against defendant content providers who manage and deliver content to handset users.
Features
Effect of Omnicare On Private Placements in Film Ventures
In the entertainment industry, we frequently see private placement memoranda seeking to raise capital for films and that refer to success stories and independent films that became box office hits. But the U.S. Supreme Court's decision in <i>Omnicare v. Laborers District Counsel Construction Industry Pension Fund</i> should make all producers think twice about whether, or how, to include these success stories.
Features
<b><i>Practice Tip:</i></b>Government Investigations and Proceedings
An area of significant concern for most companies is an investigation by a government regulator, and the subsequent administrative proceeding. Not only is there the possibility of fines and penalties, but the defense costs incurred in defending against such actions typically far exceed the actual penalty imposed. As a result, companies should plan ahead by obtaining insurance that will insulate their bottom line from government investigations and administrative proceedings.
Small-Firm Marketing
In a market flooded with newly minted attorneys, spreading the word about your services can feel like an empty pursuit. Attorneys just don't have the time or marketing expertise to experiment with new tactics, so they settle for traditional channels like TV commercials.
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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 ›
