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Drug & Device News
July 02, 2017
News about a new drug for ALS, and pelvic mesh litigation.
5 Legal Consequences of Diving 'All In' on Social Media
July 01, 2017
<b><i>Companies and Lawyers Should Begin to Learn the Laws of Individual Platforms Before Trying to Apply National and Local Legal Concepts</b></i><p>Since the possibilities offered by social networks and their reach on consumers are unquestionable, companies must remember that important legal consequences exist between an online presence on social media and on a proprietary website. We look at a few key consequences of going "all in" with social platforms below.
Asserting Damages for Data Piracy Under the CFAA
July 01, 2017
When a database is breached in one way or another, the results can be devastating. Many companies suffering this kind of loss turn to litigation, often under the Computer Fraud and Abuse Act, which prohibits improperly accessing a protected computer. There is, however, a growing consensus in the Second Circuit that recovery of certain forms of damages under the CFAA simply is not permitted.
The DOJ's New Parameters for Evaluating Corporate Compliance Programs
July 01, 2017
The 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.
Do Your Employment Practices Violate Antitrust Law? They Might!
July 01, 2017
Did you know that certain employment practices could violate antitrust law? This is the message to be gleaned from joint guidance recently issued by the Federal Trade Commission (FTC) and the Department of Justice (DOJ) Antitrust Division
Do Your Employment Practices Violate Antitrust Law?
July 01, 2017
This article provides critical background on DOJ policy and practice, and highlights some of the steps corporate counsel can take during leniency or plea negotiations to secure non-prosecution protection for the company's employees as part of any antitrust corporate disposition.
In the Courts
July 01, 2017
Recently, the Ninth Circuit set aside the convictions of Walter Liew, a Chinese-American engineer, for witness tampering and making false statements to the court. Here's an in-depth look at the case.
State of the Industry: E-Discovery and Cybersecurity
June 02, 2017
<b><i>The Future State of the E-Discovery Job Market Will Be Cloud and Contract Staffing</b></i><p><b><i>Part Three of a Three-Part Article</b></i><p>If the history of e-discovery is the future of cybersecurity, then what should one expect for the future of e-discovery? How long will the current period of consolidation continue? What will be the next chapter in e-discovery's never-ending reinvention? How closely will the next 10 years of cybersecurity job trends mirror e-discovery's past?
Patient Safety Work Product and Its Limitations: A Discussion of Two Recent Cases
June 02, 2017
In the context of medical malpractice litigation, it is important for lawyers representing the injured patient and health care providers to understand the overall purpose of the Healthcare Quality and Improvement Act, as well as its limitations as far as patient safety work product is concerned.
Supreme Court Turns Back the Clock on Venue In Patent Infringement Litigation
June 02, 2017
Although <i>TC Heartland LLC v. Kraft Foods</i> answers the question of where a domestic corporation resides in patent infringement cases, it does not fully answer the question of where proper venue lies.

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