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The defense of a pharmaceutical or medical device product liability case often turns on the testimony of the core treating physicians. As defense counsel, we often are left holding our breath waiting to see how the physicians testify at their depositions or at trial. So do the plaintiffs.
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Last month, we discussed the fact that a defendant should be permitted to offer evidence that the plaintiff's injuries could have occurred in the absence of negligence. Conversely, the defendant should not be permitted to offer evidence that might lead a jury to improperly infer that the mere fact that a complication is a known risk of the procedure is evidence that the defendant was not negligent in causing that complication. The discussion concludes herein.
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According to a national survey of doctors published in <i>The New England Journal of Medicine</i>, 94% of physicians have "a relationship" with the pharmaceutical, medical device or related industries. A research firm recently estimated that drug companies spend over $20 billion annually marketing directly to physicians. With statistics like these, it is not surprising that the public is becoming concerned that these ties may influence how medications are developed, marketed and prescribed.
The form that visitation takes has evolved to include what is now being referred to as "virtual visitation": the use of electronic mail, instant messaging, video conferencing and other wireless technology to allow non-custodial parents to maintain more frequent contact with their children.
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Whether your firm is redesigning its existing Web site or creating its first site, hiring a developer can be an expensive and time-consuming undertaking. To make your redesign/development experience rewarding and to avoid misunderstandings, outline the scope of your project before obtaining proposals from Web site design firms.
With the passage of the Lilly Ledbetter Fair Pay Act, the EEOC's and OFCCP's increased focus on compensation discrimination, and the government's increased budget for these agencies, compensation decisions are destined to come under increased scrutiny from employees, their attorneys and the government.
Many firms believe that adding laterals is the easiest and least risky means to law firm growth. However, the reality is that many laterals (more than half in some firms) never achieve their promise or objectives in terms of bringing clients and revenue to the firm.
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The talent crunch when the economy turns up and firms are hiring again will be magnified because so many Boomers are approaching the age when they will "retire" from current positions ' voluntarily or involuntarily. Will there be enough people trained, experienced and ready to capably step into their shoes? How will the Boomers who want to stay be productively employed for mutual benefit?
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The new healthcare bill will require employers to make a major decision: should they provide employees with "sufficient" healthcare coverage, or should they just pay the penalties? The decision will require a serious cost-benefit analysis.
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The virtual workplace and telecommuting arrangements create a number of potential pitfalls for employers that do not follow the "traditional" workplace model. When employers have employees who do not "power off" and leave work at work, there are a number of important issues they must consider to manage the virtual workplace.