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Liability Management Exercises: Read the Fine Print
June 30, 2025
Liability management exercises (LMEs) have gained considerable attention during the past few years. Whether intended for good purposes or not, LMEs have significantly disrupted the traditional loan business through aggressive priming and subordination tactics — leading some to characterize this phenomenon as lender-on-lender violence.
In LLC Stakeholder Claim Disputes, Pay Strict Attention to Agreement Terms and Possible Waivers
June 30, 2025
Bankruptcy cases almost always involve a substantial loss of value. When that happens, disputes arise and claims are asserted among stakeholders. This case is a reminder that when assessing the viability of such claims, if a limited liability company has been utilized for the business, strict attention must be paid to the terms of the agreement, starting with an analysis of whether all fiduciary duties have been waived.
Fresh Filings
June 30, 2025
Notable recent court filings in entertainment law.
New and Conflicting Regulations, Not Tariffs, Are Top Concern for Compliance Pros
June 30, 2025
As regulatory shifts grow more unpredictable, corporate legal departments are stepping up their role in risk management — even as many feel they’re navigating in the dark. Their top concern? A surge in new — and often conflicting — regulations spanning everything from consumer privacy and AI governance to tax and trade.
Has the In-house Hiring Boom Petered Out? ACC Report Shows Reduced Head Count
June 30, 2025
Legal departments reduced head count over the past year, according to a new study, raising questions about whether the recent in-house hiring boom has petered out.
Marketing-Led Training: A Core Business Investment
June 30, 2025
By partnering with the firm’s professional development or talent team, marketing and communications professionals can provide cost-effective in-house training on nonlegal skills that are critical to a lawyer’s success in today’s client-driven market.
Is Your Law Firm’s Data Clean and Trusted Enough for AI?
June 30, 2025
As AI continues its rapid march through the legal industry, law firms are facing a new kind of strategic imperative. No longer is the question whether to use AI — but rather how to do so responsibly, effectively and competitively.
Ruling in Authors’ AI Suit Lays Out Cautionary Guidelines for Plaintiffs’ Lawyers in Similar Cases
June 30, 2025
A federal judge handed Meta a major win in a closely watched copyright case over the use of books to train large language models (LLMs). But the ruling stopped well short of giving tech companies blanket protection to scrape creative works for artificial intelligence.
Insider Traders May Be Subject to Shareholder Actions to Recover Short-Term Profits
June 30, 2025
During times of increased market volatility, opportunities for short-term profit-taking become more prevalent. However, corporate insiders who trade in their company’s stock in such an environment may be subject to shareholder actions aimed at recovering any short-term profits they earn.
Landlord & Tenant Law
June 30, 2025
Reliance Not Necessary to Establish Fraud Exception to Four-Year Lookback PeriodGuaranty Survives Lease Modification

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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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