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Articles from Related Newsletters
Expansion of Right of Publicity Continues To Create Tensions with First AmendmentEntertainment Law & FinanceBroadly defined, the right of publicity is a person’s right to control the commercial use of his or her identity. It has been over half a century since the term "right of publicity" was first coined. Since that time, courts have been struggling to define the scope of the right of publicity protection, and to resolve the inherent conflicts between the right of publicity and the freedom of expression embodied in the First Amendment.
Limited Pre-trial Discovery in Europe: Use Strategic Patent Prosecution to Reduce the ImpactThe Intellectual Property StrategistThis article explores what patent strategies should be implemented to enable infringement litigation in jurisdictions without discovery.
Defending Spoliation ClaimsEmployment Law StrategistThe duty to adopt appropriate measures to preserve relevant evidence arises when a party receives notice of or reasonably anticipates litigation. Significantly, the preservation obligation can occur well before a lawsuit is actually filed.
Mac’s Shell Service, Inc. v. Shell Oil Products: Looking for the Practical AnswerLJN's Franchising Business & Law AlertEven though franchising represents a significant part of the commercial activity in the United States and the U.S. Supreme Court regularly considers legal issues pertaining to commerce, it’s rare for the Court to hear a case that is directly related to franchising. But such a rarity took place on Jan. 19, 2010, in Mac’s Shell Service Inc. v. Shell Oil Products Co.
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Headlines
CPSC Poised to Implement Online Product Hazard DatabaseThe CPSC is posed to unveil its own online reporting system and public database of actual and potential product hazards. Unless the CPSC implements adequate safeguards, information disseminated through the new online database may be wholly unverified.
Practice Tip: FDA Issues Draft Guidance for REMSOn Sept. 30, 2009, the FDA issued a draft guidance for industry on better understanding and implementing Risk Evaluation and Mitigation Strategies (REMS), which the FDA requires for certain drugs or biologics.
MA Recognizes Medical Monitoring Based on Exposure to Cigarette SmokeThe Massachusetts Supreme Judicial Court ("SJC") has recognized a cause of action for the projected costs of medical monitoring when a product has not caused any actual disease or illness but solely subclinical physiological changes associated with an increased risk of disease. The decision will have broad implications for product manufacturers and sellers.
March Issue in PDF Format
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