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Reading the Tea Leaves: Jury Awards $2+ Million for Bigelow’s “Manufactured in the USA 100%” Label
May 31, 2025
On April 8, 2025, a California jury found that R.C. Bigelow, Inc., the well-known manufacturer of Bigelow teas, intentionally or recklessly misled consumers by claiming that some of its teabags were “Manufactured in the USA.” The price for this mislabeling was steep, with the jury awarding the class action plaintiffs $2.36 million.
Navigating The Matrix: Mapping Your Firm's Capabilities in a Complex Legal Landscape
May 31, 2025
The concept of "The Matrix" has existed for decades in professional services firms, though it represents a relatively new framework within the legal industry. This powerful approach to understanding organizational capabilities and client relationships offers law firms a strategic advantage in today's competitive marketplace.
Swearing Behind: Overcoming Asserted Prior Art in PTAB Proceedings, Part 2
May 31, 2025
This two-part article discusses the various legal and evidentiary requirements for antedating and removing prior art that patent owners should consider when their pre-AIA patents are challenged based on a prior art publication or activity that is not otherwise subject to a statutory bar. Part One led off with a discussion of the legal requirements for antedating prior art by establishing an earlier invention via: 1) conception and diligent reduction to practice; and 2) actual reduction to practice. Part Two discusses the legal requirements for removing prior art that discloses an inventor’s own work and the evidentiary requirements for swearing behind prior art.
The 56% Problem: Manual Document Tasks Are Holding Lawyers Back — AI May Be the Solution
May 31, 2025
A new generation of legal tech, including rapidly advancing AI and AI assistants, is introducing capabilities that don’t just automate individual steps. These tools act as proactive collaborators, intelligently navigating complex documents, surfacing key risks, applying context, and taking action. They’re helping legal teams move from manual to marvelous — and that transformation is happening faster than many realize.
DJK Enterprises: Prepetition Waiver of Automatic Stay In Previously Negotiated Forbearance Is Unenforceable
May 31, 2025
A recent bankruptcy court decision has added its perspective to an increasingly divergent line of case law scrutinizing the enforceability of a debtor’s prepetition waiver of the automatic stay afforded to it by Section 362(a) of the Bankruptcy Code.
DraftKings Loses Bid for Interlocutory Appeal in Lawsuit Over Use of MLB Players’ NILs
May 31, 2025
A federal judge in Pennsylvania rejected popular sports-betting platform DraftKings’ attempts to certify questions to the appellate court in a name, image and likeness (NIL) dispute with MLB Players Inc.
Supreme Court: Statements Made to FDIC Need to Be “False,” Not Just “Misleading”
May 31, 2025
This article describes the prosecution in Thompson, then turns to the Supreme Court’s rejection of the government’s contention that 18 U.S.C. §1014 criminalizes misleading as well as false statements.
Commercial Real Estate Insurance Taking More Comprehensive Approach to Risk Evaluation
May 31, 2025
The commercial property insurance industry is undergoing a dramatic shift. Gone are the days when property owners and operators could simply provide a building appraisal or portfolio valuation to an insurance broker, who would then reach out to a handful of insurance companies to obtain quotes.
Landlord & Tenant Law
May 31, 2025
Defense Due To DHCR’s Refusal to Correct Registration Mistake; Tenant’s Breach of Contract Claim Survives Motion to Dismiss; Acceptance of Surrender Does Not Relieve Tenant of Liability for Damages
How AI and Open-Source Intelligence Are Redefining Risk in Legal Operations
May 31, 2025
No longer is legal risk management confined to checklists and backward-looking assessments. AI and OSINT are enabling legal professionals to anticipate, adapt, and act with greater speed and precision. But realizing the full potential of these tools requires more than technical integration. It demands a new operational mindset — one that prioritizes intelligence, agility, and continual learning.

MOST POPULAR STORIES

  • Surveys in Patent Infringement Litigation: The Next Frontier
    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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