News from the FDA
The latest information for use in your practice, including rulings, draft guidances, seminars, and more.
Features
We Need a No-Fault Compensation System for Drug Injuries
The FDA's approval of a prescription drug or biologic is the product of an often-delicate risk-benefit analysis of public benefit as opposed to individual safety. The therapeutic balance of these products must always be weighed against the risks inherent in their use. And there are always inherent risks associated with their use. Accordingly, while millions of Americans reap the benefits of prescription drugs every day, these same drugs may pose an unavoidable health hazard to a narrow, and often unidentifiable, subset of potential users. The American legal system currently regulates these risks by two means ' through the federal regulatory system as administered by the FDA, and through the common-law tort liability regime.
Features
AstraZeneca Pleads Guilty in Zoladex Case
Major pharmaceutical manufacturer AstraZeneca Pharmaceuticals LP pleaded guilty to a large-scale health care crime and agreed to pay $355 million to resolve the associated criminal charges and civil liabilities, according to an announcement released by the FDA Office of Criminal Investigations (FDA OCI) on June 20.
Features
When Is Compliance Necessary?
The pharmaceutical industry has been heavily regulated for many years, starting with the original enactment of the Food and Drug Act in 1906. Over the years, a bewildering array of regulations has been established that affect the sale and consumption of drugs at both the federal and state levels. While many of these past regulations have been subsumed into the FDA's rules and regulations, one of the most difficult and currently pressing questions a pharmaceutical manufacturer must ask itself is whether to comply with California's Proposition 65. The manufacturer's decision to comply may have significant adverse affects on marketing and use of the drug; or conversely, imposition of stiff, costly penalties. This article provides a basic roadmap of the current landscape for compliance with Proposition 65 in the pharmaceutical context.
Features
ONLINE
As discussed in the article 'Statewide Coordination of Mass Tort Cases Becoming Increasingly Popular,' <i>infra,</i> page 3, three states now provide statewide coordination of mass tort cases similar to the Multidistrict Litigation System (MDL) in the federal courts.
Features
CASE NOTES
Highlights of the latest product liability cases from around the country.
Features
Statewide Coordination of Mass Tort Cases Becoming Increasingly Popular
On January 24, 2002, the New York state courts adopted a rule that provides a procedure for the statewide coordination of mass tort cases that is similar to the Multidistrict Litigation System (MDL) in the federal courts. Uniform Rules for the New York State Trial Courts ' 202.69. With the implementation of Rule 202.69, New York is the third state, following California and Pennsylvania, to institute formal statewide coordination of mass tort cases that share common questions of law or fact (New York had previously followed an ad hoc coordination system). <i>See</i> Daniel Wise, 'New York Courts Adopt Federal Mass Torts Plan,' 2/22/2002 NYLJ 1 (col.5); Ca. Civ. Proc. '' 404.1, <i>et seq.</i>; Ca. St. Trial Ct. Rules 1501, <i>et seq.</i>; Pa. R. Civ. P. '' 213.1, 1041.1, 1041.2.
Features
Divorcing a Jailed Spouse
There is no question that under New York law, having a jailed spouse is grounds for divorce, but one appeals court is divided on how much time a free spouse has to act on that option.
The Effect of Deflation on Marital Property
With the specter of deflation (falling prices) haunting the U.S. economy, the consequences and problems of the inflationary eras of the 1970s and 1980s may be as far from the minds of matrimonial practitioners as it is from the thoughts of central bankers. Nevertheless, if you have matrimonial clients from long-term marriages, an awareness and understanding of the meaning of inflation may help you obtain a more equitable distribution of marital property for those who brought separate property into the marriage.
Need Help?
- Prefer an IP authenticated environment? Request a transition or call 800-756-8993.
- Need other assistance? email Customer Service or call 1-877-256-2472.
MOST POPULAR STORIES
- 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 ›
- 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 ›
- How to TOOT Your Own Horn: Exceptional Self EvaluationsIt's that time again. As the year comes to a close many firms are beginning the associate review process. Even if your firm does not have a formal review process I recommend that you write a self-evaluation that outlines your achievements and specifies your goals for the coming year.Read More ›
- The FTC Gets Into the College Athlete NIL GameAs national champions are crowned in men's and women's basketball, hundreds of thousands of college athletes are entering the influencer marketplace for the first time and now find themselves attractive candidates in the fast growing influencer marketing arena. With influencer marketing potentially providing a 5x return on investment, many brands are eager to get into the industry, but it doesn't come without risks as the FTC Commissioner is taking a closer look at the use of influencers for marketing.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 ›
