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Challenges to the Admissibility of Evidence in the 'Omics' Era
October 02, 2017
Due to our increased understanding of human genetics, there has been a shift in, and expansion of, the use of genetics in the courtroom to address the "how" and "why" — the causation of, or susceptibility to — disease in mass tort and products liability litigations. Here are some trial tips you need to know.
Patent Lost Profit Damages and Apportionment
October 02, 2017
<b><i>Split Federal Circuit Declined to Reconsider Panel's Decision that Lost Profits Based on the</i> Panduit <i>Factors Are Fully Apportioned</b></i><p>On Sept. 1, 2017, a split Federal Circuit declined to rehear a panel decision in <i>Mentor Graphics Corp. v. EVE-USA, Inc.</i>, a case that could have significant implications for lost profit damages and apportionment.
Opt-Out Incentives: The Ins and Outs
October 02, 2017
As annual open enrollment season approaches, many employers may be evaluating ways in which to control rising health plan costs. One strategy frequently considered is a financial incentive for employees to waive or opt out of the employer-sponsored group health coverage. But this raises potential problems under the Affordable Care Actas well as a number of other federal laws.
FTC Moves Directly Against Social Media Influencers
October 02, 2017
The FTC has faulted social media influencers for failing to disclose the payments behind their seemingly organic endorsements. But the FTC only reached settlements with the companies, raising a question of when — if ever — the agency would directly go after the influencers.
'I Thought I'd Seen It All with Rights of First Refusal, But I Was Mistaken'
October 02, 2017
This article shares an actual recent dispute in which a landlord claimed there was a mutual mistake in the material terms of a right of first refusal after the proper exercise of such right and acceptance of such material terms by its tenant.
Role and Responsibilities of Practice Group Leaders
October 02, 2017
Ideally, the objective of defining the role and responsibilities of Practice Group Leaders should be to establish just enough structure and accountability within their respective practice group to maximize the economic potential of the firm, while institutionalizing the principles of leadership and teamwork.
Professional Coaching: A Gift That Keeps on Giving
October 02, 2017
This article offers a case for legal marketers to consider when strategizing how to best support their lawyer clients on a level that they are personally unable to do on their own, given the many diverse demands within a busy marketing department.
Tri-Parenting: Three's Company or Three's a Crowd?
October 02, 2017
<b><I>Part One of a Two-Part Article</I></b><p>Laws pertaining to legal parentage have changed frequently in recent years as states have attempted to keep pace with the evolving configurations of modern-day families. Major contributors to this process have expanded our definitions of family and parenthood. Still, what about the related issue of <I>how many</I> recognized parents a child can have?
The Rise of the Travel Act
October 02, 2017
The DOJ continues to prioritize health care anti-fraud enforcement through the aggressive use of different statutes and investigative methods. Now, the government is putting a 60-year-old tool to a new use: It is using the federal Travel Act to pursue criminal charges against health care entities in connection with health care bribery/kickback schemes. This article discusses these recent actions and the potential ramifications of the expansion of the scope of the Travel Act.
Increased Scrutiny for <I>Cy Pres</I> Provisions in Class Action Settlements
October 02, 2017
Despite the popularity of utilizing the <I>cy pres</I> doctrine and its benefits, courts are reviewing class-action settlement agreements that provide for <I>cy pres</I> payments with increased scrutiny.

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