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Business Crimes Hotline

Juliet Gunev

Canadian Clean Fuel Technology Company and Former CEO Pay $4.1 Million to Settle China Related FCPA Case

Features

The California Consumer Privacy Act: Everything You Wanted to Know But Were Afraid to Ask — 100 Days Out Image

The California Consumer Privacy Act: Everything You Wanted to Know But Were Afraid to Ask — 100 Days Out

Alan L. Friel

Part One of a Two-Part Article Responses to questions businesses frequently ask about the impacts of the CCPA. Implementation challenges inevitably will arise as a company works to apply these new requirements to its business practices. The time is now to start preparing for the CCPA, as well as for other new U.S. privacy laws that are likely to follow.

Features

Cybersecurity False Claims Act Cases: The Next Frontier Image

Cybersecurity False Claims Act Cases: The Next Frontier

Andrew Mohr & C. Kelly Kroll

A new wave of False Claims Act cases is crashing ashore. Based on the federal government's inclusion of toughened cybersecurity requirements for government contractors, numerous FCA cases will undoubtedly be filed and litigated in coming years against prime contractors and their major subcontractors for allegedly failing to comply with their contractual cybersecurity obligations.

Features

Crowdfunding, Reg D and Reg A Image

Crowdfunding, Reg D and Reg A

Jacqueline C. Wolff & Brian S. Korn

The New Routes for Access to Capital and the Potential Legal and Regulatory Risks Although the business community lauded the arrival of new crowdfunding laws, the enforcement community has had a different take on them. As stated in 2017 by then Deputy Attorney General Rod Rosenstein: "The potential downside of crowdfunding is that it occurs outside the watchful eye of a regulated banking and financial industry. Unregulated websites therefore provide a platform for criminals to defraud potential investors."

Features

A Tenant's Perspective on SNDAs: Non-Disturbance Is Not Enough Image

A Tenant's Perspective on SNDAs: Non-Disturbance Is Not Enough

James O'Brien

Part Two of a Two-Part Article Part One of this article outlined the basic elements of a subordination, non-disturbance and attornment agreement (SNDA), which regulates two competing interests in the same property — tenant's right to possess its premises pursuant to its lease and mortgage lender's security interest in that same premises. Part Two explains the differences between the concepts of "non-disturbance" and "recognition," while contending that lease recognition is more important to the tenant than not having its possession disturbed.

Columns & Departments

In the Courts

Juliet Gunev

New Developments In Och-Ziff FCPA Settlement As Brooklyn Judge Grants Victim Status to Former Investors In Restitution Claim over Lost African Mining Venture

Features

Legal Possession: What Does It Mean? Image

Legal Possession: What Does It Mean?

Thomas. C. Lambert & Steven Shackman

Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.

Columns & Departments

Business Crimes Hotline

Juliet Gunev

Former Cognizant Technology COO Settles FCPA Case In Relation to India Office Construction Project

Features

Seeing Green: Protecting Brands In the Cannabis Industry Image

Seeing Green: Protecting Brands In the Cannabis Industry

David S. Gold

Branding is not a new concept, nor are the various intellectual property laws that protect brands. What is new to most is how this burgeoning industry can take advantage of those laws within the context of state and federal restrictions.

Features

Did Congress Create Unintended Risks to Innovators In the AIA?  Image

Did Congress Create Unintended Risks to Innovators In the AIA? 

Glenn E.J. Murphy

Many observers greeted the passage of the AIA into law as a long-overdue overhaul of U.S. patent law that aligned it with patent systems prevailing in the rest of the world. Who knew what mischief just seven of the AIA's more than 25,000 words contained? The U.S. Supreme Court answered earlier this year.

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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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