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Getting to Zero

Rob Mattern

The question of how to manage paper records ' both onsite and off ' is probably the greatest hurdle faced by many of our clients. 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.

Features

How to Work with a Business Development Coach

Joi Scardo

Many firms are stepping up their business development game, often pressing greater numbers of lawyers to be actively engaged in, and accountable for, developing business.

Features

The Right to Associate in the Defense

Paul R. Koepff & Erica J. Kerstein

The "right to associate" permits the insurer to work with the insured to investigate, defend, or settle a claim. Such partnerships protect the insurer and can prove beneficial to the insured's underlying case and ultimate exposure.

Can the EEOC Be Trusted to Police Its Own Compliance?

Mark Girouard

The EEOC has an express statutory duty to attempt to secure, in good faith, a conciliation agreement with an employer as a precondition to filing a lawsuit. In some cases, however, the EEOC has approached conciliation in a "take-it-or-leave-it" manner, making unreasonable demands while threatening to file suit and issue a press release, which can inflict significant reputational harm on the employer.

Features

Viacom and Google Defeat Privacy Claims over Kids' Online Data

Charles Toutant

A federal judge in Newark dismissed multidistrict litigation against Google Inc. and Viacom Inc. in rejecting claims that the companies' online data collection violates the privacy of children under 13.

Columns & Departments

Cameo Clips

Stan Soocher

Texas Court of Appeals Upholds Ruling for Lawyer Defendant in Malpractice Suit over TV Network Stock Dispute<br>TV Executive Can't Get Punitive Damages from Alleged Fraud in Hiring

Features

Special Needs Families in Divorce

Christina Lesher

When parents of special needs children experience a divorce, family law attorneys are in a unique position: Not only can they handle the divorce proceedings, but they can also steer their clients toward a plan for maintaining or establishing valuable Medicaid benefits.

Features

The Tax Increase Prevention Act of 2014

Richard Stieglitz & Nichol Chiarella

On Dec. 19, 2014, the President signed into law the long-awaited year-end tax package, the Tax Increase Prevention Act of 2014 (TIPA). This law extended to the end of 2014 many but not all of the individual, business, and energy provisions that expired at the end of 2013. .

Features

Measuring Firm Quality with Client Value Initiatives

Vince Cordo

When it comes to competitive pricing, both clients and law firms are more and more focused on quality. That sounds good, but how can quality best be represented in actual metrics?

Features

<b><i>Social Media Scene:</i></b> How Social Media Has Changed PR and Corporate Communications at Law Firms

Guy Alvarez

Technology has become a disruptive force in the legal industry and in the way legal services are delivered. Perhaps no technology has had a larger impact in the way law firms communicate with their clients and prospects than social media.

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    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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    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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