Business Law Archives

A Generic Problem: Should FDA Approval of Drugs Stop Consumers’ Suits for Injuries?

A Generic Problem: Should FDA Approval of Drugs Stop Consumers’ Suits for Injuries?

The Supreme Court has ruled federal law blocks consumers from suing for injuries from generic drugs, yet brand name drugs do not have the same protection.

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Justice in Ethics Programs

Ethics programs have arisen in response to outcry over the perceived unethical behavior of American business. The rapid response is encouraging, though issues have emerged.

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A No Fault Approach to Recouping Executive Compensation

Having improved financial performance justifies compensation, but what happens to the compensation after a restatement?

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The Ethics of Ethics Programs

The Ethics of Ethics Programs

Ethics programs are most effective when they flow out of a culture that values practicing business legally and ethically. However, there are a number of ethical issues which are themselves raised by ethics programs that demand more visibility and thought if these programs are to be ultimately effective.

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UPDATE: Reforming Corporate America

UPDATE: Reforming Corporate America

In July 2002, Sarbanes-Oxley Act was enacted in response to fraud scandals at companies such as Enron and WorldCom; however, today the law is highly controversial and a target for frequent criticism from both business executives and politicians.

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UPDATE: The Employers’ Legal Obligations to Employees in the Military

UPDATE: The Employers’ Legal Obligations to Employees in the Military

2012 Employer tax credits available to employers who hire returning war veterans have been extended and enhanced.

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Developing a Brand

Protecting Descriptive Brands in Trademark and Trade Dress Law:

A company must be able to defend its marks and dress to ensure a continued, strong association between the company’s products and their source.

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Secondary Meaning in Trademark and Trade Dress Law

This article, the second in a series focused on trademarks and trade dress, details the doctrine of secondary meaning and its ramifications for businesses.

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Passing the baton

Family Business Succession

Passing a business to the next generation requires the appropriate legal tools and a well-designed succession plan.

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The Quest for Distinctiveness in Trademark and Trade Dress Law

An overview of the critical issue of distinctiveness in trademark law and how a company’s marks and dress can be made as strong as possible.

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