Features
The Pharmaceutical Applications of Nanotechnology
In last month's issue, the author began a discussion of nanomedical applications for disease diagnosis, therapy, and prevention, and of why the new technologies that make these advances possible are likely to change the practice of medicine. Now, he looks at more ways in which the use of nanomaterials in drugs and medical devices may affect the provision of health care and lead to new medical liability issues.
Features
Case Briefs
Highlights of the latest insurance cases from around the country.
Medical Liens and Ethics
When it comes to claims by medical providers and government agencies seeking reimbursement from patients' personal injury awards, there is often a blurred distinction between liens and subrogation rights. And what about the ethical considerations and violations that are integrally involved in these cases?
Features
Alien vs. Policyholder
Although alien tort claims are still relatively novel, long-standing principles of insurance law, and judicial precedents established based on more familiar fact patterns, should provide helpful guidance to companies facing these claims.
Features
Judges, Juries and Outside Research
What information should be used to decide a case ' only that offered by the opposing sides? If independent legal research is permissible, just how much is too much? These questions, which are being asked in the realms of medical malpractice, criminal and other types of cases, have become more imperative in the last few years.
Pro Bono Networking
In spite of the everlasting drive to bill more hours or service more paying clients, many law firms and bar associations enthusiastically support pro bono activities, with some firms even granting credit for the hours spent on such cases.
Features
The Urge to Merge
In the midst of the current recession-induced pummeling of law firms and in-house legal departments, some positive changes are occurring that are setting the stage for a stronger industry. One is the quantity and quality of law firm mergers that are being consummated.
Creating Better Mentors
The success of any law firm is dependent on the quality of its lawyers. So, developing the next generation is always of monumental importance. But not all partners are skilled in effective mentoring. This article describes the basics of what makes a good mentor, and in turn, a good program.
Firms Should Examine Their 401(k) Plans for Savings
Most law firms, like other companies, offer 401(k) plans to their workers. And many firms, like other companies, are looking to reduce their costs. One way of saving cash is to make changes to the 401(k) plan ' but making changes requires advance planning and advance time is running short for firms with 2010 calendar year plans.
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MOST POPULAR STORIES
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- Surveys in Patent Infringement Litigation: The Next FrontierMost experienced intellectual property attorneys understand the significant role surveys play in trademark infringement and other Lanham Act cases, but relatively few are likely to have considered the use of such research in patent infringement matters. That could soon change in light of the recent admission of a survey into evidence in <i>Applera Corporation, et al. v. MJ Research, Inc., et al.</i>, No. 3:98cv1201 (D. Conn. Aug. 26, 2005). The survey evidence, which showed that 96% of the defendant's customers used its products to perform a patented process, was admitted as evidence in support of a claim of inducement to infringe. The court admitted the survey into evidence over various objections by the defendant, who had argued that the inducement claim could not be proven without the survey.Read More ›
- 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 ›
- In the SpotlightOn May 9, 2003, the U.S. Attorney's Office for the District of Massachusetts announced that Bayer Corporation, the pharmaceutical manufacturer, had been sentenced and ordered to pay a criminal fine of $5,590,800 stemming from its earlier plea of guilty to violating the Federal Prescription Drug Marketing Act by failing to list with the FDA its drug product, Cipro, that was privately labeled for an HMO. Such listing is required under the federal Food, Drug & Cosmetic Act. The Federal Prescription Drug Marketing Act, Pub. L. 100-293, enacted on April 22, 1988, as modified on August 26, 1992 by the Prescription Drug Amendments (PDA) Pub. L. 102-353, 106 Stat. 941, amended sections 301, 303, 503, and 801 of the Federal Food, Drug, and Cosmetic Act, codified at 21 U.S.C. '' 331, 333, 353, 381, to establish requirements for distributing prescription drug samples.Read More ›
