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Features

Matrimonial Planning and the 2012 Tax Act

Martin M. Shenkman

Overview of the impact of American Taxpayer Relief Act of 2012 (ATRA) on matrimonial matters.

Features

The 'Losing' Side of Legal Business Trends

Joseph B. Altonji

Although happening slowly, project management and process improvement efforts are gradually improving the efficiency of U.S. legal practice, off-setting whatever demand growth the economy would otherwise have produced.

At the Intersection: Lawyer Assessment and Client Development

Doug Richardson

The profound changes in today's legal landscape suggest that it's time to reevaluate the utility of tools that objectively describe the operative style factors that affect lawyer success and lawyer-client business relationships.

Features

Restrictive Covenants and Partnership Agreements

Cara E. Greene

This article examines the ethics of common partnership restrictive covenants, and suggests ways for firms to ethically protect the firm's interests.

Features

Judicial Scrutiny of Other Insurance Clauses

Spiro K. Bantis & Daniel W. London

When overlapping primary liability policies contain different "other insurance" clauses, approaches vary by jurisdiction and degrees of intellectual rigor.

Features

Insurance Claims for Solar Panel Defects

Scott C. Turner

Recent reports of a quality crisis in the solar panel industry, following years of exploding growth and intense price pressure, have raised the specter of a wave of litigation.

Features

A Lesson from the Snowden Manhunt

Thomas E. Zeno

A sobering lesson to everyone who makes a certification to the government: the importance of background checks.

Features

Compete or Enforce?

Jay R. Nanavati & Justin Thornton

The U.S. is stepping up its criminal and civil tax enforcement in a two-pronged attack.

Columns & Departments

In the Marketplace

ALM Staff & Law Journal Newsletters

Who's doing what; who's going where.

Features

Distressed Bank Restructurings

Louis T. DeLucia

The FDIC's list of nearly 700 "problem" banks reveals that the problem of inadequate bank capitalization and the need for restructuring remains strong.

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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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