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Unique Settlement Ruling in Smart World Case
July 29, 2004
It is the uncommon occasion when creditors seek the Bankruptcy Court's assistance to impose a settlement that compromises the debtor's asserted rights to recovery against third parties. While settlements are typically preferable to the debtor's engagement in contested and costly litigation, it is a challenge to convince a court to compromise a debtor's asserted claims. In a recent case in the United States Bankruptcy Court for the Southern District of New York, a settlement was negotiated and ultimately approved by the Bankruptcy Court over the vigorous objection of the debtors-in-possession (the "Debtors"), resolving a hotly contested adversary proceeding and third party claims.
Rogue Online Drugstores
July 29, 2004
In last month's newsletter, we looked at the problems posed by online pharmaceutical distributors that do not follow good pharmacy practice. These "rogue" pharmaceutical sites may be buying expired, substandard, contaminated or counterfeited products. Some sell without requiring customers to present prescriptions. The consumer may not be receiving proper medical oversight, which can result in administration of incorrect dosages, wrong or contraindicated drugs, or medication without adequate directions for use. These activities risk the reputations of pharmaceutical manufacturers and put them in greater peril of being sued by consumers whose adverse medical reactions could have been avoided. So, what can be done about it? Part Two of a Two-Part Article.
News from the FDA
July 29, 2004
Agency news you need to know.
Clinical Trial Transparency
July 29, 2004
There's a newly urgent push from outside the pharmaceutical research and development community to get drug firms to disclose the results of all tests conducted on new drugs, even those that don't lead to the marketing of new medications.
'Use Clauses' and the Bankruptcy Code: A Cautionary Tale
July 29, 2004
The recent Chapter 11 bankruptcy of Trak Auto Corporation ("Trak Auto"), the retail auto parts chain, has yielded a reported decision of the U.S. Fourth Circuit Court of Appeals that offers some insights for landlords on how "use clauses" in leases will be put under the bankruptcy microscope. <i>In re Trak Auto Corporation</i>, 42 B.R. 255 (4th Cir. 2004).
Defining 'Spousal' Benefits
July 27, 2004
Recent moves by various cities, states, and municipalities to legalize or ban same-sex marriage have generated a flood of press, but little concrete advice as to the potential implications of these laws and related court rulings. The dearth of specific and actionable analysis of the implications of these shifts in the law places law firms, as well as most large enterprises, at a competitive disadvantage by forcing them to react as these laws change. This issue is an especially pressing one for large law firms with offices in many states because the definition of "spouse," and thus the availability of "spousal" benefits, may differ in diverse localities.
Practice Groups Lead To Better Management
July 27, 2004
The evolution of law firm management has been slow and deliberate, usually built around established business management models. For most firms, the model is flat: A few senior-level administrative managers work closely with the partnership's executive management and make most of the decisions. But recently, several firms have adopted a new management model: practice group administrators.
Sabbaticals Benefit Both Firms and Partners
July 27, 2004
A steadily increasing number of law firms are offering partners the opportunity to take a sabbatical. A few firms are even requiring them to do so. And more lawyers are taking them. It's a "win-win" situation.
The 'Best Of' Women in Law Programs
July 23, 2004
Women in Law initiatives and programs are not a new phenomenon. Many firms nationwide have programs that afford their women attorneys business development, mentoring and career counseling. In writing this article, we spoke to 10 different firms to learn the how's and why's of their women's initiatives. In Part 1 of this article we have profiled the first five firms.
Challenge and Change
July 23, 2004
There is not a single statistic that says that women lawyers have achieved equality in terms of pay, position, power, or prestige ' not one. From its roots in 1987 as the brainchild of ABA President Robert MacCrate and its first chair, Hillary Rodham Clinton, the ABA Commission on Women in the Profession has worked to assess the status of women lawyers and support efforts to help them achieve full and equal participation and opportunities in the legal profession. The Commission's lodestar has been that organized and concerted efforts could make a difference in combating the causes and effects of gender bias, stereotypes, harassment, and inhospitable work environments that have impeded the professional careers and aspirations of women in the bar.

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    While most bankruptcy practitioners are familiar with the basic concepts behind the Rule 2004 exam, some are less familiar with the procedural intricacies of obtaining, conducting, and responding to the exam ' intricacies that often involve practices and procedures adapted from civil discovery that are beyond the scope of pure bankruptcy practice. This article explains.
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  • Strategy vs. Tactics: Two Sides of a Difficult Coin
    With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
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  • Major Differences In UK, U.S. Copyright Laws
    This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
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