Law.com Subscribers SAVE 30%

Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.

Features

Off-Label Promotion and Product Liability Image

Off-Label Promotion and Product Liability

Alan G. Minsk

The pharmaceutical industry has recently felt empowered and emboldened by one final court decision and another pending case that would seemingly allow companies to distribute, proactively, information about unapproved uses, i.e. , off-label, so long as the information is truthful and not misleading. However, companies must, nevertheless, consider potential product liability ramifications. There is no indication that, because firms may now be allowed certain latitude in one area, they are immune from product liability exposure.

Columns & Departments

Court Watch Image

Court Watch

Bryan Huntington & R. Henry Pfutzenreuter

Court Dismisses Franchise Act Claims <br>Court Grants Franchisor's Motion to Compel Arbitration

Features

Trans-Jurisdictional Transactions Image

Trans-Jurisdictional Transactions

Allan A. Joseph & Stephen H. Wagner

In this three-part series, we are examining the highly complex dispute resolution issues that companies face when engaging in cross-border transactions. The unique nature of these multi-jurisdictional litigation issues can stymie even the most experienced counsel, and a keen understanding of the laws and issues behind such matters is vital to a successful result.

Public Interest In Rosa Parks Overrides Publicity Right Image

Public Interest In Rosa Parks Overrides Publicity Right

Katheryn Hayes Tucker

In an opinion that reads like a biography, the U.S. Court of Appeals for the Eleventh Circuit used Rosa Parks' starring role in the civil rights movement to justify ruling against a nonprofit corporation that owns her name and likeness. The appeals court held that the nonprofit cannot pursue a common-law right of publicity case against Target Corp. over the retailer's selling books, movies and a plaque depicting Parks' life.

Features

Does Your Employee Handbook Help or Hurt You? Image

Does Your Employee Handbook Help or Hurt You?

Robert G. Brody & Susan M. Westphal

A handbook that was once the foundation of good employment practices may now violate federal law, and nothing has changed except how the General Counsel for the National Labor Relations Board (the GC) interprets the National Labor Relations Act (NLRA).

Features

Marketing Tech: Embracing IoT and Big Data Means Future Success Image

Marketing Tech: Embracing IoT and Big Data Means Future Success

Karen Ellis

These days, we are continually being bombarded by one new tech concept after another ' the most current being IoT (or the Internet of Things) and Big Data. To feel secure moving our businesses forward among the onslaught of all these changes, it is necessary to simplify our understanding to bring peace to the progress of our quickly advancing world.

Features

Off-Label Promotion and Product Liability Image

Off-Label Promotion and Product Liability

Alan G. Minsk

The pharmaceutical industry has recently felt empowered by one final court decision and another pending case that would seemingly allow companies to distribute, proactively, information about off-label uses. However, there is no indication that, because firms may now be allowed certain latitude in one area, they are immune from product liability exposure.

Features

Anti-Concurrent Causation Clauses Image

Anti-Concurrent Causation Clauses

Benjamin Fleischner, Ann Marie Petrey & Eric Leibowitz

The interpretation of ACC clauses by the courts is dependent upon the specific policy wording, the pertinent facts, general principles of contract interpretation, the venue of the lawsuit, and most importantly, the particular state's approach to causation.

Federal Circuit's Opinion In <i>In re Tam</i> Image

Federal Circuit's Opinion In <i>In re Tam</i>

Zachary C. Eyster & Christopher P. Bussert

Among the most treasured and jealously guarded freedoms in the United States is freedom of speech. In the course of protecting that freedom, U.S. courts have found themselves permitting almost all manner of speech, even that which is arguably offensive or deplorable. Recently, the U.S. Supreme Court has given ever greater deference to individuals' and groups' rights to express themselves.

IP News Image

IP News

Howard J. Shire & Daniel Shea

Federal Circuit: Even If Experts on Both Sides Agreed on an Altered Claim Construction During Trial, Relying on That More Detailed Claim Interpretation During JMOL Is an Impermissible Reconstruction<br>Federal Circuit: USPTO Decision to Initiate CBM Review Not Reviewable By Federal Circuit, But Decision To Qualify a Patent As a CBM Patent Is

Need Help?

  1. Prefer an IP authenticated environment? Request a transition or call 800-756-8993.
  2. Need other assistance? email Customer Service or call 1-877-256-2472.

MOST POPULAR STORIES

  • Bankruptcy Sales: Finding a Diamond In the Rough
    There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
    Read More ›
  • Coverage Issues Stemming from Dry Cleaner Contamination Suits
    In recent years, there has been a growing number of dry cleaners claiming to be "organic," "green," or "eco-friendly." While that may be true with respect to some, many dry cleaners continue to use a cleaning method involving the use of a solvent called perchloroethylene, commonly known as perc. And, there seems to be an increasing number of lawsuits stemming from environmental problems associated with historic dry cleaning operations utilizing this chemical.
    Read More ›
  • AI or Not To AI: Observations from Legalweek NY 2023
    This year at Legalweek, there was little doubt on what the annual takeaway topic would be. As much as I tried to avoid it for fear of beating the proverbial dead horse, it was impossible not to talk about generative AI, ChatGPT, and all that goes with it. Some fascinating discussions were had and many aspects of AI were uncovered.
    Read More ›