Features
Transparency Int'l Progress Report
Despite the tremendous publicity surrounding global anti-bribery enforcement efforts, Transparency International's latest Progress Report finds that enforcement "remains inadequate.
Features
Social Media and the National Labor Relations Act
We offer below a set of frequently asked questions with answers distilling the key points that U.S. employers should understand about this new area of NLRA enforcement activity. These FAQs are accompanied by practical suggestions that technology counsel can use to help employers navigate these issues in drafting and updating their own social media policies.
Features
Applying Patent Teachings in Product Liability Cases
In a product liability design defect action, evidence establishing the defectiveness of a product is paramount to a plaintiff's case. Conducting a patent search and an investigation of the state of the patent art may yield fruitful evidence regarding the defect or relative safety of the product at issue in a product liability action. But first some background to set the environment for how patents become patents.
Features
International Cooperation in the Regulation of Nanotechnology
This article provides a broad overview of the general approach taken by major countries in the field of nanotechnology. It also describes steps taken in international cooperation in this area and suggests possible areas of international regulatory convergence.
Features
Asbestos Payments Per Resolved Claim Increased 75% in the Past Year
An annual review of asbestos-related liabilities reported in companies' SEC filings, reveals that from 2010 to 2011, average payments per resolved claim increased 75%. Further review of the underlying data suggests that this increase in payments per claim is not due to a significant upward trend in asbestos liabilities. Instead, this increase can be explained by a change in the claim disease mix.
Features
Tax Considerations in Light of <i>Windsor v. U.S.</i>
When the U.S. Second Circuit handed down its decision in <i>Windsor v. U.S.</i>, it gave new hope to the many same-sex married couples in New York that their marriages might someday be afforded the same recognition as the marriages of opposite-sex couples. The emotional benefits of such an acknowledgement are undoubtedly substantial, but the financial benefits are equally compelling.
Features
Drug Marketing to Doctors: Changes May Be On the Way
The cornerstone of many FDA enforcement actions against pharmaceuticals manufacturers in recent years has been the charge that they have "misbranded" their pharmaceutical products by promoting them for uses not approved by the FDA. Now, the Second Circuit has thrown the concept of criminal liability for misbranding by means of off-label-use promotion into turmoil.
Features
For Better or for Worse: The Case Against Referenda on Marriage Equality
While it is natural for same-sex marriage supporters to want to ride the current wave of ballot box victories for marriage equality, that instinct should be resisted because popular-vote referenda are simply not the appropriate vehicle for determining fundamental individual rights, like the right to marry.
Features
Why Every Lawyer Needs to Lead
In a law firm environment, great leaders are necessary to provide client service, build client relationships, develop more junior lawyers, and generally ensure the profitable use of firm resources. This requires everyone's best thinking. How does a leader harness the group's best thinking? The most effective leaders use coaching skills. In other words, all they do is ask the right questions.
Features
Analysis of Appeals Courts' Views on File Sharer Damages
In 2012, the U.S. Court of Appeals for the Eighth Circuit issued what was only the second federal appellate ruling on statutory damages against an infringing file sharer. The Eighth Circuit reinstated statutory damages of more than $220,000 against a woman who illegally file-shared two dozen songs, finding the damages to be constitutional.
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