Side-Swiped by the False Claims Act
January 30, 2012
An important consequence of recent "indirect" FCA case law is that vendors and subcontractors may now face strict liability if others rely on their documents and these are determined to be false.
IP News
January 30, 2012
Highlights of the latest intellectual property news from around the country.
Establishing Substantial Non-Infringing Use for Software Under 35 U.S.C. ' 271(c)
January 30, 2012
If sued as a contributory infringer under 35 U.S.C. § 271(c), a software company can prevail if it establishes that the accused software has a substantial non-infringing use. In many cases addressing this issue, however, software companies have usually failed to establish this defense. This article summarizes the particular circumstances that gave rise to these failures, and proposes a particular scenario under which a defendant may succeed in showing that its software is suitable for substantial non-infringing use.
What's New in the Law
January 27, 2012
Highlights of the latest equipment leasing cases from around the country.
Bankruptcy Preferences: They Haven't Gone Away
January 27, 2012
A recent case, <i>O&G Leasing, LLC v. First Security Bank</i> provides a timely reminder to lenders that the power to avoid preferences remains a potent and oft-used weapon in the trustee's arsenal.
FCPA Investigation Costs ' Are You Covered?
December 28, 2011
The enormous size of the FCPA enforcement actions settlements as well as the outsized cost of investigating and defending FCPA actions has led the insurance industry to offer new FCPA insurance products, which are intended to offset the FCPA investigation and settlement costs. These products, however, should be reviewed carefully by the companies to determine their utility in light of the companies' FCPA exposure, existing insurance, and, of course, cost.
Learned Treatises, Cross-Examination and the Hearsay Exception
December 28, 2011
In last month's newsletter, we looked at the development of statutory and case law surrounding the admission of learned treatises, such as medical books, textbooks and practice guidelines, in medical malpractice cases. Although everyone knows that these documents must be authenticated before they may be admitted into evidence as proof of the facts contained therein, the question remains whether the learned treatise doctrine permits cross-examination with a learned text absent prior authentication as to that source's reliability.
