Features
A Multidistrict Litigation Primer
Part One of this article discussed the basics of multidistrict litigation. The conclusion herein describes the Judicial panel on Multidistrict Litigation (JPML).
Practice Tip: Internet Market Promotion of FDA-Regulated Products and Product Liability
This article focuses on product liability issues, although companies must also consider FDA and state regulatory laws, False Claims Act, competitor complaints and individual liability issues, before initiating Internet promotional programs.
An Economist Defends Against Punitive Damages
While punitive ' or exemplary ' damages are rarely imposed in product liability matters, they do sometimes occur. One strategy to minimize the risk of a punitive damages award is to present a robust defense against economic-damages claims: Punitive damages are often measured in relation to the economic harm suffered by plaintiffs.
Features
Discovery Requests for Electronic Documents
In recent years, the rise in the use of electronic documents, especially e-mail, has unquestionably changed the face of discovery in all types of types of litigation. As a result, the obligations counsel has in responding to discovery requests for electronic documents have been rapidly evolving. This article discusses what you need to know.
Features
Separation Agreements and General Releases
In order to get what they pay for, businesses need to ensure that their separation agreements protect the company's interest to the fullest extent permitted by applicable law.
Features
The Revised Americans with Disabilities Act
The ADAAA, which takes effect in January 2009, took aim at two United States Supreme Court decisions rendered during the last decade that were viewed as substantially limiting the scope of covered disabilities under the ADA. This article discusses what it means to you.
Features
The Perfect Storm
Congress passed the Consumer Product Safety Improvement Act (CPSIA) in August in response to a perceived product safety crisis arising from several recent high-profile recalls of imported children's products. This article provides an in-depth discussion.
Features
Separation Agreements and General Releases
While this article cannot speak to the specifics of an individual termination, the subject thumbnails set forth herein highlight key issues to consider when preparing separation agreements.
DE Court Rules on Deficiencies in Proxy Materials
The Court of Chancery of Delaware recently granted summary judgment to Transkaryotic directors alleged to have breached their fiduciary duties of disclosure (also sometimes referred to as the duty of "candor") and loyalty in connection with Shire Pharmaceuticals' acquisition of Transkaryotic. This article discusses the ground-breaking ruling.
Features
McNulty Revisited
This article briefly reviews the history of the DOJ's corporate charging guidelines, discusses the policy changes from the DOJ's earlier charging guidelines, and analyzes the Filip Memo's impact on corporate investigations and prosecutions.
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- 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 ›
- Strategy vs. Tactics: Two Sides of a Difficult CoinWith each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.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 ›
- 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 ›
- When It Comes to Trademark Searches, AI Misses the MarkArtificial intelligence tools powered by large language models have become valuable resources in the trademark process. Despite incredible progress in natural-language reasoning, AI tools still face fundamental limitations when it comes to performing even basic trademark searches. Here are five important reasons why.Read More ›
