At the Intersection: Searching for Clients with Bottomless Wallets
... My clients are not fee-sensitive." Is this statement reality or wishful thinking?
Features
Alternative Fee Agreements
There have been a spate of reports the last few months on alternative fee agreements that have stirred a tremendous amount of conversation in the industry. Some of the conversation is helpful, some of it is constructively critical, and some of it is quite simply confusing.
New ISO Forms Impact Construction Contracts
ISO started introducing new commercial general liability forms and endorsements in April 2013. In this new rollout, ISO makes 11 coverage form changes, including a change to the Other Insurance provision, and over 80 endorsement changes.
Features
Insurance Coverage for Gun Injuries
The insurance industry is no stranger to gun-related claims. Although myriad scenarios give rise to such claims, three coverage issues tend to predominate in these cases.
Features
The NLRB's New Focus
Employee handbooks are getting new scrutiny from the NLRB. Here's what you need to know.
Features
Section 3 of DOMA Ruled Unconstitutional
For those employees for whom the employee's state of residence recognizes the same-sex marriage, the benefit plans must recognize the employee's same-sex marriage in the same manner as an opposite-sex marriage.
Clearer Employer Liability Standards for Title VII Supervisor Harassment and Retaliation Claims
This summer, the Supreme Court issued a pair of important employer-friendly decisions. This article offers an in-depth analysis of both decisions and what they mean to your practice.
Columns & Departments
Business Crimes Hotline
Analysis of two key cases.
Columns & Departments
In the Courts
A look at a case involving wiretap evidence.
Features
Strauss/Steffen, District Court Personal Jurisdiction and U.S.-Nexus Rulings
On Feb. 8 and 19, 2013, two judges of the United States District Court for the Southern District of New York ruled on whether foreign nationals residing continuously outside the United States may be prosecuted on civil FCPA charges by the SEC.
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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 ›
