Features
Off-Label Communications
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
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
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
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
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
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
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."
Features
E.U. Data Protection Law
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?
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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