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Commercial Law

  • The U.S. Court of Appeals for the Eighth Circuit recently held that "failure to warn" claims brought against generic manufacturers of Reglan' (a prescription drug used to treat certain gastric disorders) were not preempted by federal law and could, therefore, proceed to discovery.

    March 30, 2010David M. Gossett, Henninger S. Bullock and Daniel L. Ring
  • The first part of this article discussed the background of REMS (Risk Evaluation and Mitigation Strategies) and provided a summary of the Draft Guidance. The conclusion herein explains the second part of the procedure, including proposed modifications and communicating with the FDA.

    March 30, 2010Alan Minsk
  • MUSIC ROYALTY CLAIMS/MOTION TO RENEW
    FILM, TV RIGHTS GRANTS/LICENSOR'S COMPENSATION

    March 29, 2010Stan Soocher
  • Cases involving family name disputes have historically presented challenges for courts, as they frequently require balancing competing interests of businesses and individuals. A particularly interesting permutation of such disputes involves well-known individuals who convey certain rights in their family name in a particular field to a third party and then later seek to re-enter the same field. A trio of recent decisions on this subject features the famous clothing designer, Joseph Abboud.

    March 29, 2010Christopher P. Bussert
  • Recent news you need to know.

    March 29, 2010ALM Staff | Law Journal Newsletters |
  • Because in-house counsel are increasingly popular targets when claims are brought against their employers, their insurance protection becomes especially important. This article discusses some of the types of insurance policies available to companies that may provide coverage to company lawyers, including Errors and Omissions, Directors and Officers, and Employed Lawyers Professional Liability insurance.

    March 29, 2010Sherilyn Pastor, Charles T. Lee and Jennifer Black Strutt
  • As a marketer, know that if your employees post a blog comment, or an entry on Facebook or Twitter about your company or its products, a number of questions are raised. Is your company responsible for what is said?

    March 29, 2010Barbara E. Hoey
  • There are a few judicial decisions indicating the likely issues on which a coverage dispute will focus when a claim for a data breach is made under a CGL policy.

    March 29, 2010Joseph Geoghegan, Laurie A. Kamaiko and Dennis O. Brown
  • Pregnancy discrimination complaints are steadily on the rise, necessitating a renewed focus by employers on ensuring compliance with pregnancy discrimination laws.

    March 29, 2010Emily J. Glendinning and Gil A. Abramson
  • The two-part article, titled 'Braving Tempestuous Times ' Hell-or-High-Water Obligations Maintain Their Viability Despite Leasing Scams and a Troubled Economy,' which appeared in the February and March 2010 editions of this newsletter, discussed several recent court decisions that ruled on the enforceability of hell-or-high-water obligations and waiver-of-defenses provisions in leases and accounts receivable financings. This article provides further elaboration of issues raised by two of these cases.

    March 26, 2010Raymond W. Dusch