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Drug & Device News
Recent happenings in the pharmaceutical arena.
Features
Calculating the Damages
While some courts have allowed the use of race- and socio-economic-based statistical evidence when computing damages in tort actions, others have expressly rejected the use of such statistical evidence, questioning the appropriateness, reliability, and fairness of this evidence when used in this way.
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The Effects of Same-Sex Marriage on Employee Benefits
This article discusses some of the challenges in the arena of employee benefits under ERISA and the Internal Revenue Code. The discussion is applicable to California, Massachusetts and Connecticut unions, as well as to employers in any jurisdictions that employ individuals who have been married elsewhere.
Features
Practice Tip: Expert Witness Selection
This article briefly outlines the historical development of the federal rules relating to expert witness discovery, discusses evolving judicial interpretations of the scope of expert witness discovery, provides a sampling of federal and state court rulings as to various types of expert witness discovery requests, and offers practical advice in respect to managing expert witness discovery.
Features
The 2009 PhRMA Code on Interactions with Health Care Professionals
The Pharmaceutical Research and Manufacturers of America ("PhRMA") recently issued a revised version of its Code on Interactions with Healthcare Professionals that took effect on Jan. 1, 2009 ("revised Code"). Here's a look at the revisions.
Features
Quarterly State Compliance Review
This edition of the Quarterly State Compliance Review looks at some legislation of interest to corporate lawyers that went into effect on Jan. 1. It also examines some recent decisions of interest.
Features
Can the Claims of Individual Creditors Be Assigned to a Litigation Trust?
This article explores the history, the more recent case law and the open issues, which could be important in structuring a plan in future cases, of securities claims that belong to the bondholders individually, not to the company.
Features
Happy (?) New Year: 2009, Retailers and Bankruptcy
This article discusses some of the challenges that face retailers who may file Chapter 11 in the coming year, and offers some suggestions for increasing the odds of successfully reorganizing.
Features
e-Commerce Docket Sheet
Web Arbitration Clause Before Purchase Does Not Cancel Unconscionability<br>Web Host Gets CDA Immunity for Alleged Defamatory Site Content <br>Game 'Cheat' Software Circumventing Security Does Not Violate DMCA<br>Late Option Exercise Under License Not Excused on Equitable Grounds <br>Print-on-Demand Publisher Not Liable for Alleged Defamatory Book
Features
e-Curing the Holiday Humbug
Anyone trying to keep an e-commerce site afloat didn't ' and still doesn't ' need to read the newspaper to realize the business downturn: the grim news appears every day in the cash till, in the aging-of-receivables report, and in overdue payables. While the down times are as inevitable a part of a business cycle as the booming times, that realization doesn't satisfy the bank, the critical vendor at the door or the payroll processor that must be paid.
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