Drug & Device News
A look at recent items of interest to you and your practice.
Features
Reducing Med-Mal Litigation
A look at legal reforms that are and are not reducing med-mal lawsuits.
Features
The IP Exclusion: The Elephant in the Room
So-called Intellectual Property exclusions in commercial general liability ("GL") insurance policies have received relatively little attention from the courts. However, the ubiquity of new advertising technologies, recent appellate decisions confirming GL "personal and advertising injury" coverage for patent claims, and new claims that policyholders are facing for alleged electronic invasions of privacy may well turn the IP exclusion into the proverbial "elephant in the room.
Features
Overcoming Barriers to Technology-Assisted Review
Recent matters have pushed the topic of technology assisted review (TAR) into the judicial limelight, generating much discussion ' and confusion ' in the legal community.
When Technology Meets Process
Applying technology to an inefficient process will give you a net gain of zero. Throwing technology at a problem without first looking at the process will rarely fix it. In fact, it may exacerbate the problem by adding another layer of complexity to existing process challenges.
Pay-for-Delay Contracts
The Third Circuit has determined that, when a patent-holding drug manufacturer makes payments to potential generic competitors to keep them out of the marketplace, that fact alone serves as <i>prima facie</i> evidence of violation of U.S. antitrust laws.
Technological Advancements in e-Discovery
Even as the e-discovery market matures, we continue to see change driven by shifting economic conditions, the proliferation of data sources such as social media and cloud computing, and evolving legal standards. In response to these challenges, e-discovery vendors are developing solutions that are poised to shape the direction of the market. As legal and IT professionals, it is our duty to keep up with the ever-changing landscape of e-discovery technologies.
Is There a Proctor in the House?
Proctoring by experienced surgeons is a common and increasingly frequent method to credential surgeons for hospital privileges or those who are new to laproscopic or robotic procedures. But what are the legal pitfalls?
<i>FTC v. Google</i>: Lessons Learned
Twice in less than 12 months, the Federal Trade Commission (FTC) has investigated Google Inc.'s personal data-handling practices to compare them with Google's representations made on its website privacy policy and other documents. And twice in less than 12 months, the FTC has determined that Google's practices constituted misrepresentation.
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MOST POPULAR STORIES
- Judge Rules Shaquille O'Neal Will Face Securities Lawsuit for Promotion, Sale of NFTsA federal district court in Miami, FL, has ruled that former National Basketball Association star Shaquille O'Neal will have to face a lawsuit over his promotion of unregistered securities in the form of cryptocurrency tokens and that he was a "seller" of these unregistered securities.Read More ›
- Bankruptcy Sales: Finding a Diamond In the RoughThere 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 ›
- Compliance Officers and Law Enforcement: Friends or Foes?<b><i>Part Two of a Two-Part Article</b></i><p>As we saw in Part One, regulators have recently shown a tendency to focus on compliance officers who they deem to have failed to ensure that the compliance and anti-money laundering (AML) programs that they oversee adequately prevented corporate wrongdoing, and there are several indications that regulators will continue to target compliance officers in 2018 in actions focused on Bank Secrecy Act/AML compliance.Read More ›
- Removing Restrictive Covenants In New YorkIn Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?Read More ›
- Artist Challenges Copyright Office Refusal to Register Award-Winning AI-Assisted WorkCopyright law has long struggled to keep pace with advances in technology, and the debate around the copyrightability of AI-assisted works is no exception. At issue is the human authorship requirement: the principle that a work must have a human author to be eligible for copyright protection. While the Copyright Office has previously cited this "bedrock requirement of copyright" to reject registrations, recent decisions have focused on the role of human authorship in the context of AI.Read More ›