Features
New Guidelines for Forensic Psychologists
The Specialty Guidelines for Forensic Psychology promulgated by the APA, while aspirational rather than controlling, represent a welcome evolution from prior guidelines,
Columns & Departments
Drug & Device News
Important news you need to know.
Features
The Media
Despite the evidence of downward trends in U.S. litigation numbers, when the media makes comments on the tort system, such as in editorials, it is almost exclusively critical of "the system.
Features
Communications @ Risk
An in-depth discussion of the pros and cons of physician/patient electronic communications.
Avoidable vs. Unavoidable Pressure Ulcers: A Summary of the Federal Regulations
Attorneys' knowledge of the federal regulations and interpretive guidelines aids in determining whether medical personnel properly monitored a patient and intervened to revise the patient's care plan in response to a developing problem..
Features
Cohabitation Issues
If one party relinquishes his/her interest in the property to the former partner, tax issues must be considered because the parties will not enjoy the tax breaks available to married couples.
Features
Once the Marriage Ends
The message to those attempting to fix their post-divorce support obligations in a prenuptial agreement is to be thoughtful, to be thorough, and to fully contemplate the full panoply of events that might occur between marriage and divorce to affect a party's ability to support himself or herself.
Features
Psychological, Parental Fitness, and Child Custody Evaluations
This article offers some clarity about the focus of each type of assessment, and suggests the types of questions addressed by each evaluation.
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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 ›
