Features
Tools and Techniques for Defensibly Processing Electronic Data
Pursuant to the Federal Rules of Civil Procedure, if the parties to litigation fail to take reasonable steps to assure that relevant, non-privileged data is produced to opposing parties in response to discovery requests, courts may impose sanctions and may instruct juries to draw an adverse inference. Consequently, parties to litigation must take special care to adhere to defensible standards and practices when processing electronic data, especially since the overwhelming majority of information generated by…
Features
<b><i>BREAKING NEWS:</i> </b><b>Hewlett-Packard Claims Autonomy Cooked Books</b>
Hewlett-Packard Co. said on Nov. 20 that it will take an $8.8 billion write down related to its purchase of Autonomy PLC and alleged that Autonomy executives committed accounting fraud to inflate the company's value during the sale.
Features
An Analysis of Proposed Federal Cybersecurity Legislation
Michael Chertoff, the former head of the U.S. Department of Homeland Security (DHS), recently remarked that "cyber threats represent one of the most seriously disruptive challenges to national security since the onset of the nuclear age 60 years ago."
Features
No Injunction In Video-on-Demand Litigation
The digital content era has moved patent issues to the forefront for the entertainment industry. In one recent case, even after winning a patent infringement case, a video-on-demand company still may not get an injunction prohibiting ongoing infringement by defendant Verizon Communications.
Features
Pinning Your Company's Hopes on Pinterest
Heralded as the next big thing in social media, Pinterest presents new legal risks for companies engaged in social media marketing. By sharing images and encouraging others to re-pin them, Pinterest users may inadvertently engage in copyright or trademark infringement, violate licensing agreements, or run afoul of FTC rules for commercial endorsements.
Features
The Future in Law Firm Technology
As technology has evolved and we've gone from proprietary systems to open ones with standard data types, access to data is much easier. In fact, today's challenge is not accessing information, it's deciding what to access and what to do with it.
Features
Social Document Management Systems: A Thing of the Present
What is a social document management system? Social DMS is based off the 100% Web concept. This concept envisions that all firm processes, workflows and interactions are accessed and deployed through a 100% Web-based approach. Why? It is the future and reflects how the Web is organized and how consumer culture is organized.
Features
Microsoft Word 2010 Tips and Tricks
If you're moving from Microsoft Word 2007 to 2010, you won't have quite the initial shock as if you're upgrading from Microsoft Word 2003 or lower. The interface is vastly different. The biggest change you'll see is that Microsoft is now using Ribbon Tabs rather than drop down menu items: keeping your workspace clear while looking for specific features.
Features
<i>FTC v. Google</i>: Lessons Learned
Twice in less than 12 months, the FTC has investigated Google Inc.'s personal data-handling practices to compare them with Google's representations made in its website privacy policy and other documents. And twice in less than 12 months, the FTC has determined that Google's practices constituted misrepresentation.
Features
No Vote Yet on National Net Sales Tax Collection Bill
Congress adjourned Sept. 21 without further action on a House bill that would require remote sellers to collect and pay sales and use taxes on purchases made by residents of states in which the sellers have no physical presence ' after the states implement a simplified collection and payment system.
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MOST POPULAR STORIES
- Use of Deferred Prosecution Agreements In White Collar InvestigationsThis article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.Read More ›
- The DOJ's Corporate Enforcement Policy: One Year LaterThe DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.Read More ›
- Surveys in Patent Infringement Litigation: The Next FrontierMost 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.Read More ›
- The DOJ's New Parameters for Evaluating Corporate Compliance ProgramsThe parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.Read More ›
- In the SpotlightOn 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 & 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.Read More ›
