Features
<b><i>Practice Tip:</i></b> Did the Affordable Care Act End the Collateral Source Rule?
The Affordable Care Act has the potential to change dramatically many aspects of America's healthcare system, including access to medical care, insurance coverage for medical expenses, and the actual costs of care. As a side effect, there is a growing belief that the passage of the Affordable Care Act could signal the end of the collateral source rule.
Features
<i>In the Spotlight:</i> The Diminishing Value of Depreciation Defenses
Although the value of a third-party liability insurance claim often can be determined in a straightforward way by simply adding the amount of a judgment or settlement to the costs of defending the claim, the amount of a first-party insurance claim may be subject to varying valuation approaches. .
Features
Federal Circuit Finds Claims Directed to DNA Primers and Methods of Use Unpatentable
The Federal Circuit's decision in <i>Univ. of Utah Research Found. v. Ambry Genetics Corp.</i> is the latest in the series of <i>Myriad</i> cases dealing with the patentability of genetic material.
Columns & Departments
Verdicts
Analysis of rulings important to med mal practitioners.
Features
Internet Changes Medication Sales Regulations
Internet use has changed the way medication purchases are regulated, due in part to patients' free access to information related to pharmaceutical products and medical care. Additionally, the FDA has promoted Internet medication sales by allowing non-print promotion of medications with less detailed information in the ad itself about side effects and precautions than is required of print advertisements.
Columns & Departments
In the Courts
In-depth analysis of a recent case in which the Second Circuit ruled that "Tipping" liability for insider trading requires knowledge of the tipper's benefit.
Intercreditor Agreements
This is the sixth (and final) article in a series covering various aspects of intercreditor agreements.
Features
'Unreliable ' Articles, 'Trial by Literature ' Revisited
The reliance upon, and use of, unreliable hearsay literature by expert testifiers is a challenging topic that cuts across the spectrum of complex litigation. Often, the literature is comprised of technical or scientific articles published in some journal with a claim that the published work product has been "peer reviewed." The problems seem to have exacerbated.
Law Firm Leaders Struggle with Setting Firmwide Rates
Rate-setting has proven a bit vexing for firm leaders as they grapple with setting rates in an era where firms span multiple markets and practice concentrations, clients aren't willing to pay the published rates, and alternative fee deals are a growing part of firm revenue.
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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 ›
