The Federal Lawyer (2009)

Once upon a time, courts granted injunctions against infringers as a matter of
right. With the Supreme Court’s landmark decision in eBay Inc. v. MercExchange
LLC, many commentators predicted the demise of permanent injunctions. But has
the Court’s decision really amounted to the wholesale loss of this valuable right?
The weight of cases after eBay suggests that this fear has amounted to more of a
fairy tale than an actual nightmare.

Visitors to a federal courthouse, even those who visit frequently, may not fully understand the link between what they see and hear there and the policymaking Judicial Conference of the United States. Building security, courtroom technology, clerk’s office staffing, rules of practice and procedure, and even courthouse design are among the varied reflections of decisions made by the Judicial Conference as it carries out its fundamental purpose…

The DNA of war was altered on Sept. 11, 2001. The new threat wore no uniform. It was nonsovereign, transnational, and borderless. It flew no flag and laid no claim to territory (unless one credits quixotic stories of a return to an ancient caliphate). It did not seek to build cities, but rather, burned with the viral thought of death to innocents as…

If you burn down U.S. forestland, what do you owe the government in damages?
A lot more than you might think and a lot more than you might have just a few years ago. The government has deployed an enhanced array of damages theories in recent California cases, including…

Because of our very different post-1950s society, Congress’ efforts to reform labor law—even through the extreme methods proposed in the Employee Free Choice Act (EFCA)—will not improve the overall conditions currently plaguing American workers.

Climate change lies at the intersection of the nation’s environmental, energy, and economic agendas, and addressing this important concern poses a multitude of
unique issues for policymakers in the Obama administration and in Congress. Among them are whether existing statutory authorities should provide the framework
for regulatory action or whether new legislation would be more suitable, and what role should be left for the individual states in addressing this national and global concern. Addressing these questions has been the first environmental priority of the new administration and Congress and will likely dominate the agenda for years to come.

Circuit mediators provide an insider’s perspective on the do’s and don’ts for
successful mediation, plus unique aspects of mediation in each circuit.

Indian Country represents a unique point of nexus between federal interests, the marketplace, and a new frontier poised to host the growth of infrastructure needed for sustainable energy while also supporting growing tribal populations, regional economies, and the national interest. Indian tribes are ready for “nation building at home” by investing, developing, facilitating, and participating in building the infrastructure required to support green energy.

During lean economic times, payments by Medicare and Medicaid account for an increasingly large share of health care providers’ revenue streams. As such, health
care providers and the attorneys that represent them need to be especially concerned about activities giving rise to False Claims Act (FCA) liability. Moreover,
potential amendments to the FCA that will be favorable to plaintiffs appear to be on the horizon. These and other factors may converge to create a “perfect storm” of FCA liability for many health care providers in the near future. Counsel should be aware of the intricacies of indemnity claims relating to FCA actions.

ERISA litigation often can be challenging and intimidating to attorneys practicing in other areas of the law. However, armed with some of the basics, even non-ERISA practitioners can be prepared to identify ERISA-governed claims and comply with the basic statutory and procedural requirements under ERISA.