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Drug & Device News
California's Drug Pedigree Program Delayed
The California State Board of Pharmacy has agreed to delay for two years enforcement of a new law intended to cut down on the marketing of counterfeit drugs within the State. The regulation, which was to have gone into effect on Jan. 1, 2009, calls for electronic tracking of drug products. Manufacturers and sellers of pharmaceuticals complained, however, that they would be unable to put adequate tracking systems in place in time to meet the deadline, particularly as they would not be able to segregate products meant for California from those that would go to other states and would thus have to implement the pedigree program for all production lots. Rather than break the law, some asserted that they would simply stop selling their products in California. Once the law goes into effect, possible penalties for disobedience will include criminal prosecution and fines of up to $5,000 per noncompliant unit of product.
Federal Preemption Applied to Thwart Suits
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Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
Legal Possession: What Does It Mean?
Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.
The Stranger to the Deed Rule
In 1987, a unanimous Court of Appeals reaffirmed the vitality of the "stranger to the deed" rule, which holds that if a grantor executes a deed to a grantee purporting to create an easement in a third party, the easement is invalid. Daniello v. Wagner, decided by the Second Department on November 29th, makes it clear that not all grantors (or their lawyers) have received the Court of Appeals' message, suggesting that the rule needs re-examination.