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Features

Bounties for Wandering Whistleblowers

Philip M. Berkowitz

Last year, a number of important new developments, judicial and otherwise, expanded the rights of individuals, even those based overseas, to assert whistleblower rights under the Sarbanes-Oxley Act of 2002 (SOX) and the Dodd-Frank Wall Street Report and Consumer Protection Act of 2010. This article explains what you need to know.

Features

Expanding the Playing Field for Video Game Lawsuits

Marisa Kendall

Video game litigation is a hot area for entertainment lawyers in 2015, as more celebrities have sued over being cast as game characters without their permission. The spree is driven by a pair of 2013 rulings that sided with athletes depicted in college football games, lawyers said, as well as by the overall boom in gaming sales which has made the industry a rich target for plaintiffs lawyers.

Features

Are Franchisors 'Employers'?

Glenn Plattner & Kristy A. Murphy

Part One of this article analyzed what recent court and NLRB decisions are saying about the franchisor/franchisee employment question. The discussion continues herein.

Top 10 International Employment Law Issues

Philip M. Berkowitz

This article compiles and describes, with varying degrees of specificity, what appear, to this author, to be the top 10 global employment law issues facing employers in 2015. They are listed in reverse order.

Features

<i> 'Momentive'</i> Provides a Reminder About Intercreditor Agreements

Barbara M. Goodstein

The growth in mezzanine and junior financing has spawned a rise in litigation over lien intercreditor agreements ' agreements between creditors that govern their relative rights and remedies with respect to shared collateral.

Will the Supreme Court Remove <i>Brulotte</i>'s Shadow Over Patent Licensing?

Sean Gates & Jeny Maier

Part One, last month, set the stage for a possible overruling by the U.S. Supreme Court of its 1964 ruling in <i>Brulotte v. Thys Co.</i> that the collection of royalties after a patent's expiration constitutes per se patent misuse by looking at the case's critics and its impact on licensing over the last 50 years. In Part Two, the authors continue that discussion and look at the arguments made to the Supreme Court for and against overruling the case.

Billing Rates Rise, Discounts Abound

Katelyn Polantz

The price of a billable hour has risen by more than 10% in four years, as large corporate law firms focused on their most expensive work and saved clients' money elsewhere.

Features

Infringement Prevention and Brand Management On Social Media

Peter D. Vogl & Diana M. Szego

The explosion of social media in recent years has dramatically impacted the manner in which individuals and businesses interact with one another. Social media gives businesses endless opportunity to increase brand awareness and expand audience reach. However, social media also presents myriad legal issues, particularly with respect to brand management.

Features

Pricing It Right: Restructuring Billing

Tam Harbert

As pressure on pricing continues, Big Law firms are buying (or building) analytics technology and hiring pricing specialists ' people who use market data, internal firm data and economics/pricing experience to ensure that firms are smart about bidding on work. The mission: Educate clients about the value the firm brings, while making sure to charge enough to make a profit.

Features

Laying a Foundation for Integrated e-Discovery Systems

Josh Alpern, James FitzGerald & Jim Mittenthal

Typically, the production of data in litigation involves a series of disconnected actions involving several corporate or cloud-based systems. These disassociated e-discovery activities ' identify, preserve, collect, and track (IPCT) ' are then feed into a downstream set of processing, review, and production (PRP) steps often hosted outside the corporate firewall. Fortunately, technology advances are helping counsel and client alike to integrate systems and streamline processes both inside and across the firewall.

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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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