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Off-Label Promotion of Drugs and Medical Devices
A spate of billion- and hundred-million-dollar settlements with the Department of Justice (DOJ) illustrates how the investigation of off-label promotions of drugs and devices has emerged as a predominant theory in pharmaceutical and medical-device prosecutions.
From Booker to Spears
Chief Justice Roberts commented in a recent dissent that the Supreme Court's sentencing rulings "have given the lower courts a good deal to digest over a relatively short period." Indeed. Since its landmark holding in United States v. Booker, 543 U.S. 220 (2005), that the Sentencing Guidelines were simply advisory, the Court has swiftly and significantly diminished the relevance of the Guidelines and increased the discretion of district court judges in sentencing defendants. As a…
Pre-Trial Detention and White-Collar Defendants
This article reviews how courts assess the right to bail in cases where the defendant allegedly has inflicted massive economic harm on the public.
RED ZONE PURGATORY - LEGAL SALES
RED ZONE PURGATORY - How to Navigate Through the Netherworld of Legal Sales There is a time - perhaps only a split second - between when your firm and a prospective client are engaged in a tete a tete about what to do next on a project or potential engagement. It is that moment that lies between what you and your client decide to do next and the RED ZONE. And whether the time purgatory lasts…
May issue in PDF format
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What's New in the Law
Highlights of the latest equipment leasing law.
Developments, Risks and Advanced Structures in the Lease Syndication Market
Lease syndications have enjoyed a significant rise in popularity in recent years. This rise in popularity has brought about an evolution in the commonly used structures, leading to additional complexity and confusion in practice. In this article, we provide a framework for analyzing syndications and addressing the practical needs of originators and funders.
WHY NOT COLLABORATE?
WHY NOT COLLABORATE? An often successful but often overlooked attorney marketing strategy to increase visibility and bring in new clients is to collaborate with other businesses. Small businesses and consultants do this almost as a necessity when pitching clients who require services beyond the scope of their own capabilities. For example, if your firm holds a specialty in employment law, why not try teaming up with human resources organizations and/or professionals for certain projects, such'
<B>BREAKING NEWS:</b> Second Circuit: Google Must Face Trademark Suit Involving Keyword Ads
In a long-awaited opinion, the Second U.S. Circuit Court of Appeals ruled that Google must face a trademark infringement lawsuit for selling keywords that trigger ads.
<B>BREAKING NEWS:</b> Supreme Court Strengthens Arbitration in Labor Case Ruling
The Supreme Court's growing embrace of the virtues of arbitration continued on April 1 with a 5-4 ruling endorsing labor contracts that send age discrimination claims to arbitration rather than to federal courts.

MOST POPULAR STORIES

  • The 'Sophisticated Insured' Defense
    A majority of courts consider the <i>contra proferentem</i> doctrine to be a pillar of insurance law. The doctrine requires ambiguous terms in an insurance policy to be construed against the insurer and in favor of coverage for the insured. A prominent rationale behind the doctrine is that insurance policies are usually standard-form contracts drafted entirely by insurers.
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  • Abandoned and Unused Cables: A Hidden Liability Under the 2002 National Electric Code
    In an effort to minimize the release of toxic gasses from cables in the event of fire, the 2002 version of the National Electric Code ("NEC"), promulgated by the National Fire Protection Association, sets forth new guidelines requiring that abandoned cables must be removed from buildings unless they are located in metal raceways or tagged "For Future Use." While the NEC is not, in itself, binding law, most jurisdictions in the United States adopt the NEC by reference in their state or local building and fire codes. Thus, noncompliance with the recent NEC guidelines will likely mean that a building is in violation of a building or fire code. If so, the building owner may also be in breach of agreements with tenants and lenders and may be jeopardizing its fire insurance coverage. Even in jurisdictions where the 2002 NEC has not been adopted, it may be argued that the guidelines represent the standard of reasonable care and could result in tort liability for the landlord if toxic gasses from abandoned cables are emitted in a fire. With these potential liabilities in mind, this article discusses: 1) how to address the abandoned wires and cables currently located within the risers, ceilings and other areas of properties, and 2) additional considerations in the placement and removal of telecommunications cables going forward.
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