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Features

Off-Label Communications Image

Off-Label Communications

Areta L. Kupchyk & and Tracey B. Ehlers

While the FDA has had a long-standing policy of permitting drug, biologics, and medical device companies to respond to unsolicited requests for information about off-label use of their products, there has been significant discussion over what constitutes "unsolicited" in this context.

Practice Tip: Federal Jurisdiction and Venue Image

Practice Tip: Federal Jurisdiction and Venue

John L. Tate & Sarah Cronan Spurlock

With little fanfare or forewarning, the Federal Courts Jurisdiction and Venue Clarification Act of 2011 became effective Jan. 6, 2012. Signed into law on Dec. 7, 2011, the Act reforms or clarifies removal procedures, diversity jurisdiction, and federal venue.

Features

The Mensing Preemption and the Learned Intermediary Doctrine Image

The Mensing Preemption and the Learned Intermediary Doctrine

Sara K. Thompson & Sean P. Jessee

Few courts have fully or accurately grasped the realities of how physicians receive information about the drugs they prescribe and, correspondingly, how the learned intermediary doctrine should affect the <i>Mensing</i> preemption analysis.

Features

Electronic Discovery in Construction Disputes Image

Electronic Discovery in Construction Disputes

Gregory R. 'Greg' Meeder & Livya Heithaus

This article discusses the current electronically stored information (ESI) law, the impending ESI crisis in arbitration, and how resolving office, industrial and retail claims through alternative dispute resolution helps to corral the burdens of ESI discovery for developers, owners, property managers and contractors by managing ESI with specific agreements, guidelines and rules.

In the Spotlight: Emergency Planning Obligations Image

In the Spotlight: Emergency Planning Obligations

Kathryn M. Long

Owners and tenants of commercial buildings sometimes fail to recognize that certain chemicals stored on-site, most notably substances used in a building's mechanical system, could trigger annual reporting obligations.

'Green' Leases Support 'Green' Buildings Image

'Green' Leases Support 'Green' Buildings

Mario J. Suarez & Marisa Zavarella

The interplay between a green building and the traditional legal relationships covered by commercial real property leases forms the nexus of this article.

Facebook Passwords and Child Custody Image

Facebook Passwords and Child Custody

Lynne Z. Gold-Bikin & Andrew D. Taylor

As matrimonial attorneys, we can learn some lessons from the <i>Gallion v. Gallion</i> case. First, tell your clients that they should envision everything they post on Facebook or tweet on Twitter as being printed out on paper and marked as "Exhibit A."

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Movers & Shakers

ALM Staff & Law Journal Newsletters

Who's doing what; who's going where.

Features

E.U. Data Protection Law Image

E.U. Data Protection Law

John D. Shyer & and Matthias Rubner

On Jan. 25, 2012, the European Union Commission published a draft Regulation that is aimed at replacing the currently applicable E.U. Directive of Oct. 24, 1995 "on the protection of individuals with regard to the processing of personal data and on the free movement of such data." The Directive, and the legislation of each E.U. Member State that resulted from it, are of high relevance for any employer employing personnel in any E.U. Member State.

Features

Mandatory Flu Shots? Image

Mandatory Flu Shots?

Patricia Anderson Pryor

Although it is only July, it is not too early to start thinking about flu season. Mandatory vaccinations have been the topic of much debate in recent years. This is particularly true for healthcare providers.

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