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e-Discovery In An Information Governance World
June 02, 2015
Electronic discovery experts continue to put an emphasis on recognizing e-discovery as part of a complete information governance (IG) solution. Although this focus may be novel for e-discovery specialists, the management of corporate information at an enterprise level is far from new. Yet, despite its ubiquity, many professionals who have a solid grounding in electronic discovery struggle to understand how it falls into the broader world of information governance.
Drawing the Line Between Fact- and Expert-Witness Testimony
June 02, 2015
As is often the case in product liability lawsuits, the recent bellwether trial in the Risperdal litigation involved several disputes about the admissibility of expert testimony. However, one such dispute is notable because the "expert" testimony in question was actually from a fact witness.
<b><i>Online Extra:</b></i> Battle Over .SUCKS Domain Gets Testy
June 02, 2015
The registry that owns the controversial domain name ".sucks" has put the Internet Corporation for Assigned Names and Numbers (ICANN) on notice that its criticisms and actions against the company could lead to legal action.
Federal Circuit Weighs in on a Lower Standard For Attorney Fee Awards
June 02, 2015
The Federal Circuit recently clarified the standard for an award of attorney fees under 35 U.S.C. '285 in <i>Oplus Technologies, Ltd. v. Vizio, Inc.,</i> holding that the record in the district court did not support a denial of attorney fees.
Navigating Triangular Setoff Through Safe Harbors
June 02, 2015
An in-depth discussion of Safe-Harbored contracts and protected entities.
When Licensed Professionals Commit Insurance Fraud
June 02, 2015
Insurance fraud is committed not only by people who set fire to their homes for the insurance money or who lie about "missing" property that was in their "stolen" cars. Doctors and lawyers also commit insurance fraud. They risk the usual penalties, including potential jail time, as well as the loss of their ability to practice their profession.
New Anti-Kickback Law 'Safe Harbors' Proposed
June 02, 2015
The problems of poor-quality or unnecessary care were caused, in part, by the fee-for-service payment system that was in effect for generations. The fee-for-service model unfortunately offered the wrong incentives to dishonest or poor-quality providers to maximize revenue by maximizing services regardless of the quality or the medical necessity of the services provided.
Federal Circuit To Revisit Patent Exhaustion <i>En Banc</i>
June 02, 2015
The Federal Circuit is set to hear argument <i>en banc</i> in <i>Lexmark International, Inc. v. Impression Products, Inc.,</i> a case involving two critical aspects of patent exhaustion.
The Greatest Article Ever Written on Puffery!
June 02, 2015
What might ordinarily be run-of-the-mill puffery can be transmogrified into large scale liability for a company where the company representative knows what he or she says is not reasonably supportable. A look at some recent cases.
Crackdown on Offshore Tax Evasion Not Slowing Down
June 02, 2015
The DOJ Tax Division and the IRS have been ramping up an intense crackdown on offshore tax evasion, and the IRS's reduced resources due to new budget cuts is having no effect on IRS enforcement initiatives in this area.

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