The Supreme Court's decisive ruling on March 4 against Wyeth in a landmark pharmaceutical product liability case may also close off a major front in a hard-fought battle by businesses and the Bush administration to insulate national corporations from state tort litigation.
In this heightened enforcement environment, it is more important than ever that corporate general counsel be ready and able to navigate a minefield of complex issues as soon as they become aware that their company is the focus of a government investigation.
When is history simply that: "history"? Perhaps never under the Lilly Ledbetter Fair Pay Act, which sailed through the House and Senate in January and became the first piece of legislation signed into law by President Obama.
the Department of Justice Antitrust Division ("Division") recently issued an interesting policy paper that clarifies its position on certain issues under the leniencyprogram, which positions previously may have been known only to those who practice regularly in the field of criminal antitrust.
The guidelines were designed to strike a balance between the financial industry's need to attract top talent to lead in the current economic climate and the public's interest in requiring transparency and accountability. They require not only disclosure of, but an explanation and justification of the policy supporting certain compensation decisions. Here's how they work.
Generic, top-level domain names (gTLDs), such as .com or .net, are the sorters of the Internet. They serve the single purpose of identifying the database in which a domain name is registered. Last June, ICANN reversed its long-held position and announced that it would allow an unlimited number of generic top-level domains.
An appellate court recently ruled that an automobile dealership that could not file suit to enjoin an additional dealership under the statute's specific additional "add-point" statute could nevertheless file an administrative proceeding based on a "generic" statute that prohibits conduct by a manufacturer that is "capricious, in bad faith, or unconscionable."
The 2008 Kansas Legislature passed a statute that declares void as against Kansas public policy long-standing contract risk-allocation provisions in many commercial contracts ' including franchise and dealership contracts. The story begins in 2004, when the legislature enacted a prohibition against liability indemnity provisions in construction contracts.
