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Features

Court of Appeals Authorizes Class Action to Recover Rent Overcharges

Stewart E. Sterk

Does Rent Stabilization Law section 26-516, which entitles tenants to treble damages for most rent overcharges, constitute a "penalty" within the meaning of CPLR 901(b)? The Court of Appeals recently addressed that question.

Features

Why Social Media Should Not Be Ignored

Susan Carol, Darron Markwood & Byron Saintsing

At the annual Equipment Leasing and Finance Association's (ELFA) Convention this past October, the social media panel discussion was surprisingly well attended. Such interest was unexpected because there are many industry executives who still don't see the value of including social media in their business communications mix. But, they should not ignore it, and this article will explain why.

Features

Recent NLRB Actions Force Employers to Change Established Policies and Practices

E. Fredrick Preis, Jr., Joseph R. Hugg, Rachael Jeanfreau, & Rachael Coe

This article highlights recent NLRB decisions and actions that have broadened the scope of employees' rights under Section 7 of the National Labor Relations Act (NLRA), summarizes the December 2014 final rule changing the representation election process, and provides an update on the court decisions in the <I>Noel Canning</I> case, which cast doubt on some recent NLRB actions.

Features

<b><i>Sales Speak:</i></b> Asking for Business

Kimberly Alford Rice

Given the reality that law schools, for the most part, do not adequately prepare lawyers to engage in the business of law (including sales), it is no wonder why the fear of directly asking for new business is an obstacle for many lawyers.

Features

Eliminating eDiscovery Redundancy

Eliot Davidoff

In-house and external legal teams are grappling with the collection, processing and review of ever-growing data volumes, and costs that increase in parallel. Most participants also expected a continued upward trend in e-discovery data volume over the next few years.

Columns & Departments

Landlord & Tenant

ALM Staff & Law Journal Newsletters

Discussion and analysis of several key cases.

Features

Practice Tip: The Business Judgment Rule As Applied to Matrimonial Matters

Laurence J. Cutler & Gregory D.R. Behringer

An in-depth explanation of the Business Judgment Rule as applied to family law.

Features

Is Band's Name Too Offensive For Trademark Approval?

Scott Graham

Offensive band names are a staple of rock music. Rock fans of a certain age will remember The Dead Kennedys of punk rock fame. The Butthole Surfers, Pussy Galore and Dying Fetus developed substantial followings despite, or because of, their outrageous names. Oregon dance rock band The Slants is another that seems determined to provoke.

Features

The Tax Increase Prevention Act of 2014

Richard H. 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. In addition, the law provides for a new tax-advantaged savings program to aide in meeting the financial needs of disabled individuals, called the " Achieving a Better Life Experience" (ABLE) program.

Columns & Departments

IP News

Howard J. Shire & Brooke Hazan

S. Ct.: Clear Error Standard Must Now Be Applied To District Court's Factual Claim Construction Findings

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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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