Features
Consumer Fraud Actions: The Applicability of the Learned Intermediary Doctrine
There is much uncertainty surrounding if and how well-established defenses to traditional product liability claims will translate in non-personal injury consumer fraud actions. At the forefront of this uncertainty is the applicability of the learned intermediary doctrine in consumer fraud actions involving pharmaceuticals or medical devices.
Practice Tip: Rule 34's Direct Access Provision
Rule 34 of the Federal Rules of Civil Procedure permits a party to 'inspect, copy, test, or sample any designated documents or electronically stored information.' However, what exactly does that mean for corporate litigants? Can a plaintiff demand to show up at a client's offices and expect a seat in front of a keyboard? Will a client be forced to hire a third party to copy its hard drives — online shopping Web history and all — and hand them over to the opponent?
Nanotechnology: Law and Business at One-Billionth of a Meter
Nanotechnology represents a vast frontier for science, business, and law. Already governments and corporations are sinking an estimated $10 billion annually into nanotechnology R&D, and economic forecasters are predicting that nanotechnology will account for some 15% of all global manufacturing output by 2014 ' commerce valued at some $2.6 trillion. The plaintiff's bar, mass torts, and class actions cannot be too far behind such words.
Features
The Leasing Hotline
Highlights of the latest commercial leasing cases from around the country.
Subleasing Pointers: The Perspective of a Prime Landlord, Sublandlord, and Subtenant
Parts One and Two of this series discussed subleasing from the perspective of the Prime Landlord and Sublandlord, respectively. This final installment addresses the issue from the Subtenant's perspective.
In the Spotlight: Negotiation of Operating Expenses in an Office Lease
This article provides a brief overview of commonly negotiated operating expenses and presents both the landlord and tenant perspective.
Implied 'Secondary Easement' Rights: What Exactly Does that Easement Grant?
This article addresses the basic theory behind secondary easements and offers some practical considerations in negotiating and drafting easements.
Rapid ROI, Easy Integration With Equitrac Print Tracking & Cost Recovery Solution
Our decision to upgrade to Equitrac Professional 5 was based on the knowledge that its ability to integrate with our existing infrastructure, plus its relatively rapid return on investment, would not hamstring our operational or budget requirements in the short-term.
Features
The Evolution of Matter-Centricity to Address Business Management Needs
The movement from unstructured content management to matter-centric 'electronic matter files' in document management systems continues to be an important technology migration process in the legal industry worldwide. An organization's implementation of, or movement to, matter-centricity is not a merely a technology project. It is a business process project, and actually a collection of business process opportunities.
Decisions of Interest
Recent rulngs of interest to you and your practice.
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MOST POPULAR STORIES
- 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 ›
- 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 ›
