Features
Practice Tip: Failure-to-Warn Causation and The Learned Intermediary
In pharmaceutical and medical device litigation, the failure-to-warn claim continues to be among the most common causes of action. This article examines some of the key factors involved in proving causation in a failure-to-warn case, and discusses recent case law in this area.
Features
D.C. Circuit Ruling Starts Next Phase in Debate Over 'Net Neutrality'
Comcast Corp.'s courthouse victory over the FCC in April might not turn out to be a win for the company after all if it speeds the path for wider regulation of broadband services. In a move that some say would spark the "World War III" of communications law, advocates for consumers and content providers want the FCC to reclassify Internet service providers as telephone-style common carriers.
Features
Sony Can't Enforce Agreement With EMI Executive
A New York Supreme Court judge has thrown out a suit by Sony Music Entertainment against a competitor record company and one of the competitor's top executives, who allegedly breached a $3 million employment contract with Sony.
Features
NY Court Rules Film Securities Suit Against Paramount Lacks Viable Claim
The U.S. District Court for the Southern District of New York dismissed a securities suit brought by several investing financial institutions against Paramount Pictures.
Features
Non-Compete Cases: Does Anyone Really Win?
Many articles have been written about the enforcement of non-compete agreements in franchise cases. The "textbook" law is clear, and we address that law in this article. However, the message that we in the franchise bar have been sending our clients about the law may not be so clear: Nobody really "wins" these cases ' except the lawyers who take them to court.
Features
Releases from Canadian Midas Franchisees Found Unenforceable
A recent decision from the Ontario Superior Court of Justice in <i>405341 Ontario Limited v. Midas Canada Inc.</i>, calls into question the some common practices of franchisors in Canada.
Features
Uncertainty for FCC's Net Neutrality in Wake of Comcast Ruling
In the wake of a stinging defeat in court, the Federal Communications Commission finds its ability to regulate the Internet in question, its signature "net neutrality" initiative hanging by a thread. Now, the agency faces several unpalatable options.
Features
Be Careful in Preparing Personnel Documents
Since many employers regularly review their employees and record those assessments in written documents, the fact that the manager could be sued for defamation probably comes as a big surprise. A look at a recent case.
Features
EDS Loses to BSkyB in Major Technology Case
In a major decision of London's Technology and Construction Court that will have global repercussions, technology vendor Electronic Data Systems has been found liable for a deceitful misrepresentation that induced broadcaster BSkyB to enter into a contract with it.
Features
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