Features
How Safe Is the Harbor?
Do the Bankruptcy Code safe-harbor provisions have some unintended consequences? Can they adequately address systemic risk in an environment of ever-changing complex financial transactions? A complete analysis.
<i><b>BREAKING NEWS:</i></b> FCC Dealt Blow to Net Neutrality
In the wake of a stinging defeat in court, the Federal Communications Commission finds its ability to regulate the Internet in question, its signature 'net neutrality' initiative hanging by a thread. Now, the agency faces several unpalatable options.
Features
'Failure to Warn' Claims Against Generic Manufacturers Not Preempted By Federal Law
The U.S. Court of Appeals for the Eighth Circuit recently held that "failure to warn" claims brought against generic manufacturers of Reglan' (a prescription drug used to treat certain gastric disorders) were not preempted by federal law and could, therefore, proceed to discovery.
Features
Practice Tip: FDA Issues Draft Guidance for REMS
The first part of this article discussed the background of REMS (Risk Evaluation and Mitigation Strategies) and provided a summary of the Draft Guidance. The conclusion herein explains the second part of the procedure, including proposed modifications and communicating with the FDA.
When Attorneys Ghostwrite Experts' Reports
How much attorney involvement in the drafting of experts' reports is permissible? Must the entire work product be that of the expert? Or, at the other extreme, would it be acceptable for an attorney to draft the entire expert's report with the expert "adopting" it?
Enhance Associates' Success by Managing Conditioned Responses
Habitual responses quickly turn into behavioral practices. Too frequently, inappropriate conditioned responses escalate to bad habits due to frequency of use and lack of awareness. What can be done?
How Consensus Management Threatens Profitability
Firms of all sizes are faced with increased competition and increased client demands ' and consensus management is ill-equipped to deal with the new environment. There are several reasons for this, discussed herein.
Features
Constructing an In-House Training Program
This article outlines some of the essential advantages, and the challenges, in constructing an effective in-house training program.
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- Join Us For a Twitter Chat: Do We Need Offices Anymore?When we think about how the COVID-19 pandemic has changed the legal industry, one (frankly huge) question comes to mind: Do we really need offices anymore? As many are still working from home, meeting with clients over Zoom and some even conducting jury trials online, life of commuting to and from work seems farther away than February.Read More ›
