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Expert testimony can be the linchpin that makes or breaks a case. But lawyers have had a tougher time getting that testimony admitted since 1993, when the U.S. Supreme Court decided in <i>Daubert v. Merrell Dow Pharmaceuticals</i> that scientific testimony must be not only relevant, but reliable. In 1999's <i>Kumho Tire v. Carmichael</i>, the Court extended that rule to all experts. This means that a lawyer preparing to qualify or challenge an expert at trial must answer a number of questions. What is the state of the case law under <i>Daubert</i>? How has the particular court or judge applied the rule? How have courts ruled on this type of expertise? Has this expert ever come before a judge?
<b><i>No 'Magic Bullet,' Says Task Force</i></b> The FDA's Counterfeit Drug Task Force issued its interim report on October 2. It contains potential options for a multi-pronged approach to combat counterfeit drugs. In recent years, the FDA has seen an increase in the number and sophistication of efforts to introduce counterfeit drugs. The FDA noted at the time the report was issued that the problem of counterfeit drugs is being treated separately from the problem of unapproved and potentially unsafe drugs that are being imported via the Internet and other unregulated international channels. Under current law, those drugs are purchased outside of U.S. and foreign consumer protection systems, so they are "buyer beware" products that have traveled outside of the regulatory protections of the legal U.S. drug distribution system.
<b><i>The State of the Re-Importation Debate</i></b> When Gov. Rod R. Blagojevich of Illinois announced in mid-September that his state was considering buying drugs from Canada for its employees and citizens, the debate over cross-border drug purchases via the Internet and by other means, got even hotter than it was before. The pharmaceutical industry is fighting a battle similar in scope to the music industry's Internet copyright infringement war, but because no suits have been brought against 80-year-old diabetics buying insulin from pharmacies in Montreal, national debate on the issue of the purchase of foreign drugs has gotten less press of late than the debate over music piracy.
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The latest rulings of importance to your practice.
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The latest information for use in your practice, including rulings, draft guidances, seminars, and more.
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Recently filed cases in entertainment law, straight from the steps of the Los Angeles Superior Court.
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Recently, at Miller, Canfield, Paddock and Stone, P.L.C., we identified a need to reduce the number of e-mails our team was exchanging with our clients to send versions of documents and felt that the solution should be in the form of a central repository for all of our information. After analyzing a Citrix solution and deciding we weren't willing to devote an entire server to third-party dial-in access plus the costs of the underlying software, we looked at iCONECT, which recently re-launched its flagship product, (previously known as simply as iCONECT), giving it the moniker "V4." Everyone involved in our in-house review really liked how we could store documents, transcripts, images, calendars and case information in one place.
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Whenever you create, open or save a document using any Microsoft Office application (<i>eg</i>, Word), the document may contain "metadata" - embedded information that you may not know about because it is usually hidden on screen. Metadata is used to enhance several Word functions, such as editing, viewing, filing and document retrieval. Harmless, right? Well, that depends on the type of metadata, the document's method of distribution and your firm's and clients' privacy needs.