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Features

The Times, They Are A-Changin'

Scott McFetters

As more and more commercial clients move their legal teams in-house, competition among law firms continues to grow. With the legal industry still feeling negative impacts from the financial crisis, a considerable number of law firms have been pooling expertise and gaining market share through mergers and acquisitions.

Features

In the Spotlight: The Enforceability of No-Waiver Provisions in Commercial Leases

Alexander Lycoyannis

When faced with the argument that it has violated its lease, a commercial tenant often takes the position that the landlord, by its conduct and/or inaction, has waived the alleged breach. Anticipating such arguments, commercial landlords frequently insert "no waiver" provisions into their leases.

Public Perceptions, Health Care Providers and Litigation

Linda S. Crawford

The Gallup poll on the trustworthiness of professionals came out in January, as it always does.Yet again, it reported that health care professionals were the most trusted people in the country. Not so for the health care industry , however.

Features

Subjective Intent Does Not Save $1.5B Secured Claim Against GM

Mark A. Salzberg

Sometimes, the simplest of errors can be the most costly. Such was the case with a large syndicated secured loan made to General Motors Co. Due to a simple filing error, what the lender and borrower had always intended to be a secured loan will now be treated as a general unsecured claim.

Features

Best Practices for Law Firms to Meet Cybersecurity Requirements of Inside Counsel

Jason Straight

Whether or not your clients have suffered a data breach, cybersecurity is undoubtedly a critical concern. Many of your clients are actively searching for and plugging any gaps in their security. And if your clients haven't done so already, they're also going to focus their attention on what could potentially be an Achilles Heel for them ' their law firms.

Features

The Case for the GC

Victoria Reese & Stephen W. Beard

In a time of increasing regulatory risk, global complexity and shareholder activism, the role of the corporate general counsel in the boardroom has never been more important. Yet, companies have been slow to recruit general counsels or seasoned attorneys to serve as independent directors.

Features

When the Lawyer Is a Client

Jonathan Tuggle

Given the demands our profession makes on our time, our attention, our energy and the stress that places on our personal relationships, the divorce rate among lawyers likely rivals that of any other profession. Can you handle your own divorce?

Columns & Departments

IP News

Howard J. Shire & Brooke Hazan

Supreme Court: Findings on Likelihood of Confusion by TTAB <br>Federal Circuit: Actual Delay Not Required For Reducing Patent Term Adjustment<br>Federal Circuit: No Lost Profits for Related Unpatented Products

Features

The NLRB McDonald's Ruling And Franchisors

Geoffrey A. Mort

The NLRB general counsel's July 29, 2014, ruling that McDonald's is a joint employer of those who work for its roughly 14,000 franchised restaurants in the United States continues to send ripples through both the legal and business worlds.

Columns & Departments

Cameo Clips

Stan Soocher

Bankrupt Festival Organizer Can Recover Buyout Payment It Made to Co-Founder<br>

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MOST POPULAR STORIES

  • Surveys in Patent Infringement Litigation: The Next Frontier
    Most 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.
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  • In the Spotlight
    On 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 &amp; 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.
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