The author reviews the pharmaceutical industry's patenting process as it has been impacted by the Hatch-Waxman and Medicare legislation which expedite review and approval for generic follow-on drugs. The pharmaceutical industry's business model of investment in research and development to create...

This article explores college athletics in the context of lawsuits involving sex, race and disability, as well as antitrust challenges to the National Collegiate Athletic Association's rules. Courts have struggled in their application of relevant statutory laws to college athletic programs which...

In this essay, five business law professors with specialties in five different doctrinal areas analyze Justice Sonia Sotomayor’s jurisprudence in those areas and consider the implications of her appointment to the Supreme Court. Each of the areas, intellectual property, antitrust, securities,...

The United States Supreme Court dealt a serious blow to workers’ rights in Epic Systems Corp. v. Lewis, 584 U.S. __ (May 21, 2018) when it held that employers may require employees to waive their rights to class or collective action. Employees had hoped the Court would find that mandatory...

When employees sign employment agreements, they are most likely not concerned about a mandatory arbitration provision forbidding them from engaging in class or collective actions. The United States Supreme Court has shown a strong preference for enforcing arbitration agreements, even when they...

The government has successfully prosecuted pharmaceutical companies for off-label promotion of drugs, maintaining that such promotion impermissibly undermines the FDA’s pre-market approval process and jeopardizes the public health. In several recent cases, however, pharmaceutical companies...

The Supreme Court’s recent decisions interpreting the Federal Arbitration Act (FAA) in the employment context generally prioritize arbitration over workers’ labor law rights. The majority in Epic Systems upheld mandatory individual employment arbitration agreements despite their conflict...

A 2001 ruling by the Court of Appeals for the Ninth Circuit revives the controversy over whether partners and shareholders may be considered employees, entitled to protection under federal anti-discrimination laws. In Wells v. Clackamas, 271 F.3d 90, the Court of Appeals for the Ninth Circuit...

This article addresses the challenges of extraterritorial trademark protection in China, where the business and legal environments are quite at variance. The decisions surveyed include cases brought by: Anheuser-Busch, Nike, Starbucks, Dell, Bloomberg and so forth, where these companies assert...

This paper presents the background and the developing law of sexual harassment of the past thirty years. As women entered the workforce, propelled by the civil rights movement and economic factors, they began jobs that heretofore were the province of men and the first harassment cases appeared....