The Newswire for Business Lawyers

Lead Story Picture

For Associates, 'Business Casual' Holds Traps

As new associates try to make sense of their law firm's vaguely worded dress policy – if they are handed a policy at all – they should keep two simple concepts in mind: Get noticed for your work, not your dress, and dress for the job you want, not the one you have.

High Court To Tackle Clean Water Act, Sonar Disputes

Four environmental cases are up for review by the U.S. Supreme Court in the coming term, including a case that seeks to exempt the U.S. Navy’s sonar activities from federal law in the name of national security and another that could have broad implications on environmental groups’ standing to file suits.

Legal Funding Gains Steam But Doubts Linger

Still in its infancy, the legal funding industry has been gaining more acceptance, but doubts persist over whether the practice of advancing plaintiffs and businesses part of an expected settlement could lead to exploitation and fraud.


Sections


Guest Columns

Noncompetes Are D.O.A. In Calif.

In a significant new opinion with far-reaching national implications, the California Supreme Court has expressly parted company with the Ninth Circuit and other courts by rejecting the so-called narrow restraint exception to the broad statutory prohibition against noncompetes that exists under California law, says Anthony J. Oncidi of Proskauer Rose LLP.

New Final Rule Clarifies FDA's View On Preemption

The effect of the U.S. Food and Drug Administration's final rule on "Supplemental Applications Proposing Labeling Changes for Approved Drugs" is to limit the scenarios in which manufacturers of drugs, biologics and medical devices can change a previously approved label in advance of the FDA's review and approval mechanism, say Sharon L. Caffrey, Karen Shichman Crawford and Paul M. da Costa of Duane Morris.

Smith V. Selma: Guidance For Peer Review Bodies

A California appeals court decision, holding that a hospital may not rely solely on the peer review findings of another hospital when considering whether to terminate a physician’s medical staff privileges, provides important national guidance for peer review bodies, say Nathaniel M. Lacktman and Shirley P. Morrigan of Foley & Lardner LLP.

Where Is The Patent System Pendulum Now?

If the protections afforded by the U.S. patent system were a pendulum, it appears that the pendulum is either nearing a stop or is on its way back, says Scott P. McBride of McAndrews Held & Malloy Ltd.

Green Is Not Just The Color Of Climate Conscience

The Clean and Affordable Energy Act of 2008, recently enacted by the D.C. Council and signed by the mayor, raises the bar again by creating a powerful incentive for owners of all commercial buildings – existing, as well as new – to make their buildings more energy efficient, says Thomas R. Petty of Anderson Kill & Olick LLP.

Practice Profiles

Securities Practice: Foley & Lardner

The wave of civil and criminal fraud cases against corporations that arose from Enron’s collapse in 2001 may soon recede as enforcement officials set their sights back on individuals, said Pam Johnston, chair of the white-collar defense practice at Foley & Lardner LLP.

IP Practice: Jones Day

Once viewed as an IP wasteland, China is becoming a hothouse for intellectual property, and global giant Jones Day is taking full advantage of the growth spurt. The firm, which claims to be one of the few that prosecutes patents in the U.S., Europe and Asia, sees itself as a pioneer, and China as the next big IP frontier.

Employment Practice: DLA Piper

Business and legal issues have become increasingly global, and corporate campaigns by unions — one of the banes of Big Business' existence — have followed suit, said Peter Pantaleo, the joint global chair of DLA Piper LLP's employment, pensions and benefits practice group.

Product Liability Practice: Dechert

With courts cracking down on certifying class actions for personal injury lawsuits, the plaintiffs bar is adding to — or even foregoing — such actions in lieu of consumer fraud allegations to keep class claims alive, according to attorneys at Dechert LLP’s product liability practice.

Health Care Practice: Holland & Knight

Many of the pressing issues facing health lawyers, from new frontiers like Americans traveling abroad for medical treatment to perennial concerns like management of patient records, can be traced to a familiar cause: the high cost of health care, said Maria Currier, leader of the health practice group at Holland & Knight LLP.