Competition

ITC Decision Shows Importance Of Public Interest For Biotech

In its recent Certain Microfluidic Devices decision, the U.S. International Trade Commission allowed patent-infringing products necessary for ongoing research to be imported, highlighting the importance the so-called public interest factors can play in ITC investigations in the biotech context, say Matt Rizzolo and Rachael Bacha of Ropes & Gray.

Key Trends In Energy Antitrust Enforcement And Litigation

Antitrust agencies and private litigants continued to focus on the energy industry in 2019, and new antitrust policy initiatives announced by the U.S. Department of Justice last year will offer energy companies opportunities to avoid prosecution in certain cases, say attorneys at Vinson & Elkins.

Litigating FRAND Rates After Fed. Circ. Ericsson Decision

After the Federal Circuit’s recent ruling in TCL v. Ericsson, which puts juries at the helm of calculating FRAND damages for standard-essential patents, litigators should focus on preparing a simplified and emotionally persuasive story and garnering the evidentiary support necessary for a favorable appeal, says Larry Sandell of Mei & Mark.

How Associate Life Has Evolved Over The Past Decade

During the last 10 years, the need to embrace change was fundamental for law firms, and that change affected associates in many ways — most, but not all, for the better, says Brad Kaufman, co-president of Greenberg Traurig.

What's Changed And What's The Same In Final CFIUS Rules

The U.S. Department of the Treasury’s final rules implementing the Foreign Investment Risk Review Modernization Act complete the revamp of the Committee on Foreign Investment in the United States, which will be more complex and better resourced to address evolving national security risks that arise in the context of foreign investments, say attorneys at Akin Gump.

Where The Fight Over FTC's Enforcement Authority Stands

A flurry of year-end activity, including three petitions before the U.S. Supreme Court and a spate of proposed legislation, requires a recap on the current status of the debate over the Federal Trade Commission's Section 13(b) authority to obtain permanent injunctions and restitution, say John Villafranco and Khoury DiPrima of Kelley Drye.

Drug Pricing: What Happened In 2019, What To Watch In 2020

Last year saw a dizzying array of drug pricing actions and proposals from the White House, Congress and state governments, and this year the drug industry may face even greater pressure from groundbreaking changes to federal policy, among other developments, say Tom Bulleit and Scott Falin of Ropes & Gray.

Series

Judging A Book: Dyk Reviews 'Democracy And Equality'

In their new book "Democracy and Equality: The Enduring Constitutional Vision of the Warren Court," Geoffrey Stone and David Strauss provide valuable context for U.S. Supreme Court decisions under Chief Justice Earl Warren that have profoundly affected the country, but their overly protective attitude sometimes obscures reality, says Federal Circuit Judge Timothy Dyk.

The Biggest Changes In China's Draft Anti-Monopoly Law

China's State Administration for Market Regulation recently published for public comment a draft for the revised Anti-Monopoly Law, which, if adopted, brings with it procedural and substantive changes that will likely have a significant impact on companies operating or investing in China, say Wei Huang and Fan Zhu of Tian Yuan.

7 Insider Tips For Working With In-House Counsel

For outside firms wondering how to best support busy in-house lawyers, several practices can help navigate critical legal issues and novel business challenges while strengthening the working relationship, says Virginia Hudson, associate general counsel at Capital One.

50 Years Later, Interpretive Challenges Remain For RICO

In the 50 years since the Racketeer Influenced and Corrupt Organizations Act was passed, courts' attempts to clarify the statute have had some success, but many interpretive dilemmas remain unresolved, says Randy Gordon of Barnes & Thornburg.

7 Ethics Tips For Lawyers' Pretrial Social Media Use

As ethical constraints on pretrial social media use evolve, the American Bar Association's Model Rules and several court opinions provide guidance on avoiding violations when collecting evidence, researching jurors and friending judges, say Hilary Gerzhoy and Mark Davis at Harris Wiltshire.

Opinion

States Should Not Follow ABA On Attorney Conduct Rules

Because the American Bar Association's new rule on diversity continues to use the Model Rules of Professional Conduct as a cultural bludgeon, states should create independent codes limited to constitutionally valid purposes of attorney regulation, says Bradley Abramson of Alliance Defending Freedom.

How Courts And Litigants Can Benefit From Special Masters

As we approach the first anniversary of the American Bar Association's adoption of guidelines for the appointment and use of special masters in civil litigation, retired U.S. District Judge Shira Scheindlin, now at Stroock, explains how special masters can help parties and courts with faster decision-making and subject matter expertise.

Uber Policy Calls For Refresher On ABA Confidentiality Rules

Uber's recent policy update allowing drivers to audio-record passenger rides is a reminder for lawyers to observe the highest standard of care in protecting client information under the American Bar Association's confidentiality model rule, says Paul Boehm at Williams & Connolly.