Features
End-of-Life Nursing Care
Medical malpractice suits involving nurses who are caring for patients at the end of life are rare. However, they can occur. Nurses can protect themselves by understanding the needs of patients and families at this critical time, by following approved standards of care and by thoroughly documenting their work.
Features
The Settlement Privilege and the Threat of Legal Action
Is there a time when extortionate threats of meritless litigation become a criminal act that should be exempt from the settlement privilege? This article explores the question.
Features
Good Faith: The European View
In May of this year, we published an article titled "Franchise Agreements and the Duty of Good Faith In European Civil Law," the first part of this two-part study. The discussion concludes herein.
Features
Anti-Assignment Clause?
The commencement of a Chapter 11 bankruptcy case by a tenant will typically give rise to myriad issues and challenges for a commercial landlord, based upon various Bankruptcy Code provisions that may, and often will, change the parties' otherwise applicable rights and obligations pursuant to the terms of the lease and applicable non-bankruptcy law.
Internet Copyright Infringement: An Emerging White-Collar Crime
Both white collar criminal prosecution and civil remedies thwart the unauthorized use of copyrighted material. Traditionally, injunctions and damages are more commonly used than criminal prosecution to frustrate infringements. However, the increasing use of the Internet for infringement activities makes criminal sanctions a better deterrent than traditional civil actions, thus Internet copyright infringement is emerging as a white-collar crime.
Features
Efficient Review in a Time-Sensitive Government Investigation
Federal executive departments and agencies have made substantial investments in advanced analytical systems that help investigators and prosecutors filter voluminous amounts of incoming ESI to quickly focus on items of particular interest and relevance to an investigation.
<i>At the Intersection:</i> Cutting Corners
If one purpose of a column or blog is to provoke spirited debate, we surely succeeded in our recent posts on whether client-driven pressures for greater efficiency and cost-control compel outside counsel to "cut corners" in legal service delivery. Passionate and pointed comments filled our e-mail inboxes.
Features
New Fee Models for the New Economy
To remain competitive in the new economy, both inside and outside leasing counsel are exploring and utilizing various alternative fee arrangements (AFAs). This article explores the use of AFAs by leasing counsel, and offers some insight into how they may be more effectively utilized.
Columns & Departments
Practice Tip
Discussion of personality disorders in divorce, and e-filing in Connecticut.
IP Outsourcing
The growing demand for IP to be at the center of commercial strategy, together with a squeeze on resources and budgets, has resulted in many in-house teams looking for alternative ways to organize and manage their IP work.
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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 ›
- 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 ›
- 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 ›
- Strategy vs. Tactics: Two Sides of a Difficult CoinWith each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.Read More ›
