Features
Getting to Zero
The question of how to manage paper records ' both onsite and off ' is probably the greatest hurdle faced by many of law firms. For most areas of back-office operations not running optimally, firms can outsource or hire a new manager and typically solve the problem. This is not the case for paper records.
New Tools for Companies Against Cybercrime
In January, the Obama administration announced a series of proposals to strengthen the country's response to cyberattacks ' including, most notably, specific amendments to the federal computer crime statute, the CFAA. These changes are not only significant to the cybercrime-fighting efforts of federal prosecutors, but also to private companies.
Features
A Tale of Two LLPS Sets a New Precedent
A look at the bankruptcy court's most recent ruling in the Dewey & LeBoeuf bankruptcy. The ruling establishes a bold, new, and much-needed precedent as to the interaction between state laws of business organization, and important provisions of the Bankruptcy Code.
Bit Parts
Blondie's Ex-Manager Denied Summary Judgment in His Bid for Percentage of Band's Deal from Selling Copyright Recapture Rights<br>Grant of Exclusive Right to Use Four Seasons Band Member's "Biography" for Jersey Boys Also Transferred Copyright in His Autobiography Manuscript
Features
Fiscal Year 2016 H-1B Cap
If companies have employees who will need to be sponsored for new H-1B visas for the fiscal year 2016, they should get started now. U.S. Citizenship and Immigration Services (USCIS) will start accepting new H-1B petitions for fiscal year 2016 on W ednesday, April 1, and it is extremely likely that this year's H-1B quota will be met within five business days of the opening.
Features
The 2015 Employer Mandate Is Here
The year 2015 is here and so is the Affordable Care Act's (ACA) employer "play or pay" mandate, which has been delayed, in total or in part, twice. Those companies with fiscal plan years may have until the first day of their 2015 plan year to satisfy the mandate, if certain requirements are first satisfied.
Counsel Concerns
When Weil, Gotshal & Manges litigators get tapped for an antitrust class action, it's usually assumed the firm is playing defense. But a bit of role-reversal paid off for Weil Gotshal in February, when a judge awarded the firm $16.1 million in class counsel fees and expenses, and signed off on a $58.5 million settlement payment it negotiated from the music performance-rights organization SESAC.
Features
When Your Data Goes Viral
As discussed in Part One of this article, a data breach can jeopardize a company's confidential information such as client records, trade secrets, privileged legal information, or employee records. Although many associate data breaches with hackers or cyberattacks, human error, such as a mistake in computer coding or losing a company laptop, also results in significant breaches.
'Product-Hopping' Can Be Snagged Under the Antitrust Laws
Branded drug companies naturally want their exclusivity period to last as long as possible. Extending a period of market dominance without patent or regulatory protection, however, raises antitrust concerns. One recent practice, called "product-hopping," has started to generate private antitrust claims from generic drug companies and end users.
Features
A Child 's Attorney As Hearsay Conduit in Custody Litigation
The evidentiary rules have been hailed as "the palladium of the judicial process." Such panegyrics to the rules of evidence are quite warranted. Yet, sadly, in practice, fidelity to the rules of evidence, and particularly to the rule banning hearsay, is far less than it ought to be.
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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 ›
