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Features

Attorney Competence In Technology Is In the Spotlight. Are You Competent? Image

Attorney Competence In Technology Is In the Spotlight. Are You Competent?

Tomas Suros

A summary of the key technology principles addressed in Formal Opinion 498, in which the ABA revised Model Rule 1.1 addresses virtual work environments and practices.

Columns & Departments

Landlord & Tenant Law

NYRE Staff

Rent Act of 2015 Did Not Re-Regulate Deregulated Apartments Tenant Waiver of Claims for Lost Profits Upheld Landlord Not Liable for Tenant on Tenant Harassment

Features

U.S. IP Reform Needed to Prepare for AI Era Image

U.S. IP Reform Needed to Prepare for AI Era

Andrei Iancu & David J. Kappos

For the U.S. to maintain its technological edge, it must encourage Americans to make more discoveries in AI and other emerging technologies. This in turn requires providing strong IP rights to incentivize and protect the huge investments required to make those discoveries.

Features

Use of Deferred Prosecution Agreements In White Collar Investigations Image

Use of Deferred Prosecution Agreements In White Collar Investigations

Elkan Abramowitz & Jonathan S. Sack

This 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.

Features

American Rescue Plan Act Provides Pandemic Relief for Struggling Businesses Image

American Rescue Plan Act Provides Pandemic Relief for Struggling Businesses

David J. Gellen & Constantine Christakis

As the U.S. economy continues to recover from the pandemic, the American Rescue Plan Act may help many businesses endure and overcome the historic challenges they have faced. While there is still uncertainty as to its impact on our economy, the Act nonetheless is a significant piece of federal legislation.

Features

Supreme Court Narrowly Interprets CFAA to Avoid Criminalizing 'Commonplace Computer Activity' Image

Supreme Court Narrowly Interprets CFAA to Avoid Criminalizing 'Commonplace Computer Activity'

Patricia Kim & Maren Messing

The Court held that only those who obtain information from particular areas of the computer which they are not authorized to access can be said to "exceed authorization."

Features

Commercial Leases and Other Real Estate Transactions Are Subject to National Security Review Image

Commercial Leases and Other Real Estate Transactions Are Subject to National Security Review

Gordon F. Peery

A second wave of national security concerns hit real estate markets in the United States -- the publication of rules focusing on real estate by the U.S. Department of the Treasury is the catalyst of national security reviews of certain leases, purchases, sales, joint ventures and other investments with non-U.S. parties.

Features

Is a Federal Insider Trading Law Coming? Image

Is a Federal Insider Trading Law Coming?

David L. Axelrod & Hannah L. Welsh

For decades the SEC and the Department of Justice, with the endorsement of federal judges, have used the general securities fraud statutes to patch together a complex and problematic insider trading common law. After years of criticism, however, that could now be changing.

Features

NY Privacy Act Stalls, Would Escalate Protections Above Other State & International Regulations Image

NY Privacy Act Stalls, Would Escalate Protections Above Other State & International Regulations

F. Paul Greene

The failure of NYPA to pass is not exceptionally noteworthy. What is noteworthy, however, is that it marks an escalation of data privacy protections and restrictions not seen in other major regulatory regimes, whether in the United States or abroad. And since most believe its failure to pass was due more to the end-of-session rush than its contents, don't be surprised if it pops up again in January 2022.

Features

DOJ Looking to Develop New SEP Policies Image

DOJ Looking to Develop New SEP Policies

Bruce Love

The Justice Department has confirmed it is looking to develop new policies surrounding how standard-essential patents might be used as tools for anticompetitive practices. The change in policy will mean big business for law firms that can combine highly technical IP advice with their antitrust and litigation practices.

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    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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    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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