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Columns & Departments

Real Property Law

ALM Staff & Law Journal Newsletters

Three major rulings are discussed.

Features

The Internet of (Legal) Things

Andrea L. Gothing, Seth A. Northrop & Li Zhu

Welcome to the "Internet of Things" (IoT) ' the Web of embedded computing devices that interact with our everyday lives. Like any technology revolution, those devices have no interest in waiting for the legal world to catch up. As a result, if a General Counsel's wearable device measuring nighttime biorhythms does not keep her awake at night, the prospect of billions of devices sensing everything about her customers and employees during an era of cyber insecurity probably will.

Features

SEC Tries to Write 'Facilitating Payments' Exception Out of FCPA

David Krakoff, Lauren Randell & Paige Ammons

Recently, a lawsuit brought by the SEC alleging FCPA violations against two individuals related to a global oil and gas drilling services company nearly went to trial in federal court in Texas. As one of the only civil FCPA cases to proceed to that stage of litigation, the case provided unique insights into the SEC's interpretation of key provisions of the FCPA.

Data Breaches: Why Prevention Isn't Enough

Michael Purcell

Cyberattacks and data breaches are an all-too-common fact of modern business. The news is full of stories about major U.S. banks and retailers being hacked, and the perpetrators are stealing the financial and personal information of clients, customers and others. While the masterminds and motives behind such attacks are not always immediately apparent, one thing is clear: Counsel must understand that traditional network security approaches are no longer enough.

Bit Parts

Stan Soocher

Investor's Suit Against Management Companies Filed Too Late<br>Partnership Suit Against the Lumineers to Remain in New Jersey Court

Your International Compliance Playbook

Lanny Breuer & Peter Lichtenbaum

As companies expand, the regulatory burden can become onerous. And compliance and legal departments are being asked to do more with less, making well-designed compliance programs all the more critical.

Features

Representations and Warranties by Landlords In Lease Agreements

Mark Morfopoulos & Avram Posner

When negotiating a Lease for a commercial real property, a tenant may request that the landlord make numerous representations. Accordingly, it seems worthwhile to provide an overview of some of the issues that should be taken into account by landlords, tenants and their counsel in the preparation and negotiation of those provisions.

<b><i>Voice of the Client:</i></b> Differentiation Through Better Client Connection

Mark Medice

2015 has brought a new year with resolutions to begin new routines to achieve success. Recent economic reports for law firms tell the story of a legal economy that continues to face real change in the face of soft demand, even though there is increasing evidence of performance separation from some firms to others.

Features

<b><i>At the Intersection:</i></b> Taking the Plunge

Pamela Woldow

So you're thinking about diving into the election for Managing Partner? Before you throw your hat into the firm's MP selection process, now is the time to pause and reflect on your motivations and incentives for what is bound to be a significant shift in role, responsibility, stature, and quality of life for at least a few years.

IP Licenses In Bankruptcy

Timothy W. Walsh, Gregory Kopacz & Darren Azman

When a licensor hits the skids, a licensee's two primary concerns should include: 1) whether the protections afforded by Bankruptcy Code section 365(n) are available if the debtor-licensor rejects the license; and 2) protecting its rights if the debtor-licensor seeks to sell the intellectual property. .

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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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