There is language in the Mensing opinion written by Justice Thomas, as well as in Justice Sotomayer's dissenting opinion, which suggests that the Court might be receptive to prescription drug preemption arguments.
December 14, 2011Eric Lasker
Part One of this article discussed the impact of Supreme Court decisions addressing personal jurisdiction and preemption. Part Two herein discusses decisions involving class actions, pharmaceutical marketing practices, arbitration and proximate cause.
December 14, 2011Steven GlicksteinIllinois is now one of 22 jurisdictions in the United States that extend some form of state-level spousal rights to same-gender couples.
December 14, 2011Belinda S. MorganThis article provides an overview of the Dodd-Frank Act's whistleblower and anti-retaliation provisions, as well as practical steps to help employers avoid retaliation claims.
December 14, 2011Russell E. AdlerAn open discussion about unions with your employees is legal and a good idea, whether you want a union-free environment or not, according to the author. Here's why.
December 14, 2011Robert G. BrodyThe fluctuating workweek and employer options.
December 14, 2011Karla GrossenbacherA growing number of sanctions cases are forcing corporate counsel to become experts in this emerging area of technology that is not only changing workplace norms, but also the way they litigate.
December 14, 2011Nadine WeiskopfThe enormous size of the FCPA enforcement actions settlements as well as the outsized cost of investigating and defending FCPA actions has led the insurance industry to offer new FCPA insurance products. These products, however, should be reviewed carefully ...
December 14, 2011Ethan D. Lenz and Max ChesterReform of the proxy solicitation process is one of the "hot-button" issues. This article reviews the developments surrounding proxy access over the last decade, and explains where we are today.
December 14, 2011Robert S. Reder, David Schwartz and Roxana Azizi