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Regulation

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Government Policies Could Be Concern for Commercial Real Estate Lenders Image

Government Policies Could Be Concern for Commercial Real Estate Lenders

Leslie Shaver

Significant concerns aren't necessarily issues caused by real estate lending, borrowing or underwriting. They're caused by government policy.

Features

Negotiating with Small Office Tenants on Pandemic Issues Image

Negotiating with Small Office Tenants on Pandemic Issues

Erika Morphy

Small businesses make up the backbone of the commercial office sector. Until recently, by virtue of their small size, they had little sway with landlords when it came to renegotiating or negotiating a lease. Then the pandemic happened.

Features

Scared of Your Clients' Involvement With Cryptocurrency? Image

Scared of Your Clients' Involvement With Cryptocurrency?

Ross Benson & Robert N. Driscoll

Given the rapid expansion of interest and participation in cryptocurrency transactions, it's not a matter of whether you have an interest in crypto, think it's all a bizarre techno-bubble, the eventual replacement for fiat currency, or somewhere in between. The fact of the matter is your clients, and future clients, are more likely than ever to have a connection to this market, and a brief review of the headlines can make this prospect seem terrifying.

Features

Telehealth: The Wave of the Future for Both Medicine and Enforcement Image

Telehealth: The Wave of the Future for Both Medicine and Enforcement

Jacqueline C. Wolff & Michael Herrmann

The prevalent view is that telehealth will remain an integral part of our healthcare system post-PHE and may even continue to expand. And that means criminal and civil enforcement focused on fraud committed using, or furthered by the use of, telehealth will be expanding as well, particularly when one looks at the dollars that a regulator can bring in for fraud or noncompliance.

Features

Corporate ESG Integration Not Optional Image

Corporate ESG Integration Not Optional

Alexandra Poe & Bryan Sillaman

Corporate ESG (environmental, social and governance) integration is becoming less optional every day, driven by increasing regulation, investor demand and the recent embrace of stakeholder capitalism.

Features

California Privacy Protection Agency Roster Set Image

California Privacy Protection Agency Roster Set

Mike Scarcella

California named five members to the inaugural board of the California Privacy Protection Agency, a new entity created by voters in 2020 that will enforce the state's sweeping consumer privacy laws.

Features

Congress Leaves SEC Subject to Litigation Over Disgorgement Image

Congress Leaves SEC Subject to Litigation Over Disgorgement

Sarah Aberg & Chris Bosch

Buried in the massive National Defense Authorization Act for Fiscal Year 2021 is §6501, a provision authorizing the SEC to seek disgorgement of unjust enrichment within 10 years for certain securities law violations, and five years for others.

Features

Criminal Liability of Executives and In-House Attorneys for Corporate Actions Image

Criminal Liability of Executives and In-House Attorneys for Corporate Actions

Joseph G. Poluka & David J. Oberly

Data breaches, while frequent in number and severity, remain big news events today. Even more newsworthy is when a corporate in-house attorney is criminally prosecuted in connection with his role in responding to a data breach event.

Features

Can Landlords and Tenants Stipulate to Rent Regulation? Image

Can Landlords and Tenants Stipulate to Rent Regulation?

Jeffrey Turkel

Legal disputes as to the rent regulated status of an apartment are as old as rent regulation itself. On occasion, landlords and tenants have purported to "agree" in a lease or stipulation as to whether a unit is regulated. This article surveys case law as to how courts treat such agreements.

Features

Telehealth Enforcement: Is It the Next Big Thing? Image

Telehealth Enforcement: Is It the Next Big Thing?

Ty E. Howard, Scarlett S. Nokes, Gene R. Besen & Jason P. Mehta

With the start of the Biden administration and a DOJ very likely led by Merrick Garland, predictions have begun about future trends in government enforcement. Two pieces of conventional wisdom emerge: First, the focus will shift to more white-collar crime enforcement actions. And second, the healthcare industry will continue to be a major focus for investigators and prosecutors.

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  • 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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