Drug & Device News
A look at recent litigation and other news that affects your practice.
MD High Court: Prejudice Stemming from Late Notice Must Be Shown
If an insured drops his claims-made insurance and is sued three years later, his insurer will disclaim liability even if the injury occurred during the term of the policy. A look at a recent case.
Feds to Expand Use of Debarment in Health Care Sector
CEOs of health care companies, be forewarned: The government is planning to expand its use of debarring "untrustworthy individuals" as a way to hold individuals accountable for a company's fraud.
Addressing the Costs of Medical Malpractice
Frivolous lawsuits," tort reform and more--an in-depth analysis.
Features
Estate Tax Repeal and Surprising Matrimonial Implications
The 2010 Tax Act estate tax provisions were a game-changer, the effects of which will be felt by matrimonial practitioners for many years. This article discusses possible issues, traps, or opportunities that might arise as a result of the new law.
Features
Prenuptial Agreements for Catholics
Family lawyers should recognize the upheaval that may occur if the lawyer fails to spot a unique issue when a Catholic fianc'e is involved in the negotiation of a pre-nuptial agreement.
When the Mental Health Expert ' Isn't One
The process of adjudicating custody disputes is often perverted by self-identified experts whose knowledge of appropriate procedures and current research does not exceed that of the reasonably informed family court judge.
Uncertainty in Admissibility of Comparative Product Evidence Under CA Law
A recent CA opinion categorically precludes a manufacturer from proving by statistical evidence that its vehicle performs more safely than its peers, concluding that statistical comparative-safety evidence is inadmissible industry custom and practice.
Practice Tip: Flawed CPSC Product Hazard Database
The new CPSC database "may unnecessarily alarm both consumers ... and manufacturers, whose reputations will be tarnished by rumors, unfounded allegations, and outright fabrications."
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MOST POPULAR STORIES
- The DOJ's New Parameters for Evaluating Corporate Compliance ProgramsThe parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.Read More ›
- The DOJ's Corporate Enforcement Policy: One Year LaterThe DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.Read More ›
- Use of Deferred Prosecution Agreements In White Collar InvestigationsThis article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.Read More ›
- Don't Sleep On Prohibitions on the Assignability of LeasesAttorneys advising commercial tenants on commercial lease documents should not sleep on prohibitions or other limitations on their client's rights to assign or transfer their interests in the leasehold estate. Assignment and transfer provisions are just as important as the base rent or any default clauses, especially in the era where tenants are searching for increased flexibility to maneuver in the hybrid working environment where the future of in-person use of real estate remains unclear.Read More ›
- Developments in Distressed LendingRecently, in two separate cases, secured lenders have received, as part of their adequate protection package, the right to obtain principal paydowns during a bankruptcy case.Read More ›
