Hormone Replacement Therapy Opinion: Overturned $3M Verdict Explained
A Philadelphia judge overturned a $3 million jury award, explaining that a woman who sued Wyeth, claiming her breast cancer was caused by the company's hormone replacement drug, did not show sufficient evidence that her doctor would not have prescribed the drug if warnings were better.
Features
CA's Flavor of Implied Warranty Leaves a Sour Taste
A recent decision from an appellate court in California offers footing for plaintiff attorneys to argue for an expanded definition of 'merchantability.' Such a development, which the Uniform Commercial Code neither compels nor suggests, marks a departure from settled law and presents a significant risk of higher warranty costs for manufacturers and higher prices for consumers.
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Lessons from Food Litigation: Managing the Interaction of Litigation, Legislation, and Regulation
A new generation of food-related litigation, and class action litigation in particular, has been launched.
Practice Tip: Determining Damages to Entrepreneurs
This article explores some common problems encountered in determining damages to entrepreneurs.
Features
Supreme Court to Confront FDA Pre-emption and the Consequences of 'Overwarning'
In 2008, the U.S. Supreme Court will likely decide a key question that has driven FDA pre-emption debates over the past decade: whether ' as plaintiffs' counsel maintain ' warning labels for FDA-approved drugs and medical devices provide only 'minimum standards,' or whether ' as the FDA insists ' they provide a balanced judgment of the FDA, setting both a floor and a ceiling on safety warnings.
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What's Hot, What's Not
News about lawyers, law firms, and the latest trends in the partnership arena.
Generational Differences: Not the Only Issue
How have we become so focused on whom we hire, promote, and retain, and in the process, lost sight of the needs of the clients we serve or solicit?
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Creating Positive Visibility Within Your Organization
As you become more senior in an organization, the quality of your professional network becomes a more significant factor in determining success than your substantive skills. Consequently, your career game plan should include strategic avenues for creating positive visibility within your organization.
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Sustaining the Ethical Law Firm
This article discusses the key issues in establishing and maintaining a culture of ethical behavior through governance, leadership, and strategic direction.
Responding to Claims Against Your Law Firm
No matter how good a loss prevention program your firm has in place, it is a sad but inevitable fact of life that you will have claims. Your goal as a firm manager, therefore, is not to reduce claims incidence to zero, but rather to have a sound program in place to identify and respond to claims in a manner that minimizes your losses. Here are some thoughts on how to do that from the perspective of a trial lawyer who has spent much of the past 30 years defending law firms against such claims.
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- 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 ›
- Legislative Protections Against AI Voice ScamsA wide range of tools have been developed to perform vocal cloning, leading to vocal deepfakes becoming a common source of scams and misinformation. And these issues have only been exacerbated by a lack of appropriate laws and regulations to rein in the use of AI and protect an individual's right to their voice.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 ›
- 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 ›
