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Monday 12th of May 2008 12:12:15 AM

Kauffman Certifies Class in Generic Drug Lawsuit

A federal judge has certified a class action antitrust suit that accuses GlaxoSmithKline of using monopolistic tactics to boost its profits from Wellbutrin, a popular antidepressant, by delaying a generic version of the drug from coming to market. The suit was brought by direct purchasers who claim that GSK concocted a plan to keep Wellbutrin prices high by making fraudulent assertions to the U.S. Patent and Trademark Office and by engaging in "sham" patent litigation against generic drug manufacturers.

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Monday 12th of May 2008 12:12:15 AM

Firms Facing Tougher Loan Terms

Law firms needing extra capital from banks to weather the rough economy are finding that the times -- and the terms -- have changed. Many law firms are seeing a slowdown in work and a lengthening in their client payment cycles. At the same time, banks that provide lending to law firms to help cover their revenue gaps and fund bigger projects are implementing more onerous requirements for doling out credit.

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Monday 12th of May 2008 12:12:15 AM

Yahoo's Skadden Lawyers Engineer Rarely Used Tactic to Hold Off Microsoft

A timely maneuver by Yahoo's lawyers apparently played a key role in scaring off Microsoft for the moment. In a letter to Yahoo CEO Jerry Yang, Microsoft CEO Steve Ballmer said concerns over Yahoo's plans to pursue a deal to outsource some online advertising to Google would bring "a host of regulatory and legal problems" and weaken Yahoo's paid search advertising position. Observers say it was a clever delay tactic by Yahoo's lawyers at Skadden that gave the company time to come up with the Google deal.

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Monday 12th of May 2008 12:12:15 AM

DOJ's Economic-Spy Strategy Emerges

Federal prosecutors' tactics are under fire as defendants in one Silicon Valley economic espionage case are used against defendants in another. For the government to succeed in its apparent strategy of trading sentencing leniency for one pair of defendants in order to help convict another pair on higher-profile charges, they'll have to first persuade Judge James Ware to turn aside defense challenges to the FBI's tactics, which were aired in his courtroom last week.

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Monday 12th of May 2008 12:12:15 AM

Making Rain -- A Lawyer’s Second Job

The rainmakers who spoke to for this article couldn't be more different from one another. They include women and men, litigators and corporate attorneys, large-firm lawyers and small. But they all have the same general ideas when it comes to building a book of business, and they all have little tolerance for excuses. It takes time, effort and interest to become a rainmaker, and all of these rainmakers have paid their dues.

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Monday 12th of May 2008 12:12:15 AM

Booming Markets Bring Risk, Says Home Depot GC

Home Depot's top lawyer last week offered a particularly candid assessment of the risks of doing business in the fastest-growing markets around the world. Speaking at the State Bar of Georgia's April 24 conference on the global rule of law, Home Depot's Jack A. VanWoerkom said the Chinese economy is still essentially owned by government, and the justice system is unreliable.

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Monday 12th of May 2008 12:12:15 AM

null: Advanced Bodycare Solutions, LLC v. Thione International, Inc.

Federal Arbitration Act does not permit enforcement of contract clause requiring aggrieved party, before filing lawsuit, to institute mediation or non-binding arbitration.

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Monday 12th of May 2008 12:12:15 AM

null: In re Trusted Net Media Holdings, LLC

Bankruptcy Code § 303(b)'s requirements for filing involuntary bankruptcy petition are subject matter jurisdictional in nature (applying circuit precedent while recommending that rule be reexamined).

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Monday 12th of May 2008 12:12:15 AM

null: Berman v. Blount Parrish Company, Inc.

Amended limitations period of Sarbanes-Oxley does not revive securities claims on which previous statute of limitations had run (joining sister circuits in addressing issue of first impression in circuit).

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Monday 12th of May 2008 12:12:15 AM

Beware of Violating the FCPA

Not long ago, it took multimillion-dollar payments delivered by corporations to lofty government officials to get the attention of the U.S. Department of Justice. The Foreign Corrupt Practices Act, enacted in 1977, but not taken very seriously until just a few years ago, seemed to have a simple checklist of what would trigger prosecutions: Large precontract payment? Check. Offshore, numbered account? Check. Vast contract award? Check -- and prosecute.

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