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Compensation Committees
September 27, 2006
The issue of nonprofit executive compensation has not left the news in recent months. The Internal Revenue Service's 'soft-contact' initiative, which began in June 2004, is nearing completion. Although the final results are not in, the numbers are impressive.
Perspectives on Compliance Programs
September 27, 2006
The crimes at Enron may have been different in degree and even in kind than at other institutions. But those who write off Enron as an anomaly, with no lessons to offer corporate America, are wearing rose-colored glasses.
Option Backdating
September 27, 2006
This is not an easy time to be in the general counsel's office of a public company. The investigations into stock options backdating tend to reach into various parts of the organization, often simultaneously. Some practical rules of the road are in order, to allow the general counsel's office to spot and address the relevant issues in an appropriate, cost-effective manner.
Business Crimes Hotline
September 27, 2006
National rulings that may affect your practice.
In the Courts
September 27, 2006
Rulings you need to know.
Blackmail and the CEO
September 27, 2006
You got up yesterday morning and went to the front door of your house to take in the morning newspaper. That's when you saw it. A sealed manila envelope with your name typed on the label. You figured that it must be work-related, so you opened it. When you did, what you saw made your heart jump. Inside was a plain piece of paper with these typed words: <i>'I Know What You Are Doing. Shame On You. Stop The Cheating And The Lies Or I Will Tell The World. You Will Be Disgraced. How Could You Hurt So Many People?'</i>
Kick That Sleeping Dog!
September 27, 2006
Many months ago, federal grand subpoenas arrived on your client's door step. Their unexpected arrival and broad scope set off typical alarm bells and suddenly displaced a good deal of ongoing business. Your client immediately turned to you to undertake an investigation of the matter and a response. Your client's Information Services Department swept all electronic databases, and you directed phalanxes of young lawyers to conduct interviews and review documents for responsiveness. Now what?
The Thompson Memo Ruling
September 27, 2006
Judge Lewis Kaplan's eloquent and eminently correct decision striking down the Justice Department's policy embodied in the 'Thompson Memo' that pressures corporations, by threat of indictment, to cut off legal fees to 'culpable' employees, was widely publicized and acclaimed. But it may ultimately produce little change in the real world of white-collar criminal defense.
The Bankruptcy Hotline
September 27, 2006
Recent rulings of importance to you and your practice.
Farmland Industries Creditors Paid in Full
September 27, 2006
Maximizing the recovery for unsecured creditors is the primary goal of every liquidating trustee. In proposing the Farmland Industries liquidating plan, the debtor estimated that the maximum recovery for unsecured creditors would not exceed 85% of their allowed claims and that it would take the liquidating trustee approximately 5 years to reach that payout. Instead, JPMorgan, the appointed liquidating trustee, paid unsecured creditors more than 100% of their allowed claims 3 years earlier than anticipated. Several factors played a crucial role in maximizing the payout for Farmland Industries' unsecured creditors; these are explained in this article.

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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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  • 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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