Digital Marketing Under Attack
December 27, 2011
The convergence of media and technology continues to change the way we communicate, consume media and engage in commercial transactions. Marketers have been among the greatest digital media innovators and the medium has evolved as largely advertiser supported. That business model is under attack by consumer groups that argue that marketers are unfairly invading consumers' privacy and confusing consumers as to the nature and origin of commercial messages.
'You're Fired!'
December 27, 2011
A future observer of the reality shows that seem to be the only thing on television today might think that people of the 21st century lived to fire people. But people forced to do the same task in business find no such joy in having to dismiss a business leader, especially when the person being dismissed is the founder of the company ' the visionary who built it from scratch.
Robert Bosch LLC v. Pylon Mfg. Corp.
December 21, 2011
<i>Robert Bosch LLC v. Pylon Mfg. Corp.</i>, is an important decision that abolishes the presumption of irreparable harm in the context of injunctive relief for patent infringement. The case is also important because the Federal Circuit instructs that courts must still consider "the fundamental nature of patents as property rights granting the owner the right to exclude" when determining whether to issue an injunction.
Leasing Growth Stalls in Latin America
December 20, 2011
After six years of outstanding growth in Latin America's equipment leasing and finance industry, the most recent data from the region come as a bit of a surprise. The annual Alta LAR 100 report by The Alta Group Latin American Region reveals a 6% decrease in Latin American leasing portfolios in 2010, as measured in U.S. dollars.
Succession Recession
December 19, 2011
The current economic recession has created a succession recession, as many firms have tabled thoughts of succession planning primarily due to the fact that the Baby Boomer generation is contributing the most to law firm revenues.
New Regulations Will Enhance Disclosure for Your Pension Plans
December 19, 2011
After years of study, thousands of hours of congressional testimony, hundreds of hearings and uncountable public comments, the Department of Labor issued Reg 408(b)2 and 404(a), designed to force better disclosure. With this better information, it is hoped that both plan providers and participants will make better decisions, leading to improved retirement preparation for America's workers.
Practice Tip: Pliva, Inc. v. Mensing
December 14, 2011
There is language in the <i>Mensing</i> opinion written by Justice Thomas, as well as in Justice Sotomayer's dissenting opinion, which suggests that the Court might be receptive to prescription drug preemption arguments.
The Supreme Court and Product Liability
December 14, 2011
Part One of this article discussed the impact of Supreme Court decisions addressing personal jurisdiction and preemption. Part Two herein discusses decisions involving class actions, pharmaceutical marketing practices, arbitration and proximate cause.