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Drug & Device News

ALM Staff & Law Journal Newsletters

A look at what's new.

Features

The Collateral Source Rule and State-Provided Services

Ashley Reitz Peinhardt

As discussed last month, most states adhere to the collateral source rule to preclude defendants in med mal suits from presenting the jury with evidence that public benefits, such as state-provided special education and therapy, may be available to the plaintiff. Not all states have fallen in line with this general rule, however.

HIPAA Update

Lacey E. Tucker & Barry B. Cepelewicz

In 2012, OCR has entered into four settlement agreements with Corrective Action Plans (CAPs), more than in any year since HITECH went into effect; three of these arose from breach notifications, which had not happened before.

Drug Compounding: Many Considerations

Janice G. Inman

The tug-of-war pitting patients against pharmaceutical companies against pharmacists selling competing compound drug mixtures to the public has lately gained greater urgency.

Features

Litigation

ALM Staff & Law Journal Newsletters

An in-depth look at a key ruling.

Features

Should a Custodial Parent Need Court Approval to Move?

Karen Meislik

Though each case involving relocation must be viewed individually, with the best interest of the children remaining the primary concern of parents and the courts, serious work must be done to meet the challenges of our changing society.

Custody Determinations: Childhood Obesity and the Law

Lynne Strober

Childhood obesity is only one element a court must consider when deciding whether parents are unfit to care for their child, and is often only part of a larger issue. That having been said, it cannot be ignored as a significant factor affecting a child's health and well-being.

Business Crimes Hotline

ALM Staff & Law Journal Newsletters

Tyco Resolves DOJ and SEC FCPA Enforcement Action On Sept. 24, Tyco International Ltd. (Tyco) resolved enforcement actions by the DOJ and the SEC for alleged violations of the FCPA. Fines and penalties totaled over $26 million ($13.68 in the DOJ enforcement action and over $13 million in the SEC enforcement action). As part of the resolution, Tyco Valves & Controls Middle East Inc. (TVC ME), an indirect wholly owned subsidiary of Tyco, plead guilty before…

In the Courts

ALM Staff & Law Journal Newsletters

In-depth analysis of a key ruling.

Features

Tax Considerations of FCPA Violations

Peter F.G. Schuur, Bruce E. Yannett, Steven S. Michaels & John T. Pierpont

Last month, the authors began examination of some of the tax consequences of violations of the FCPA. They continue with that discussion herein, with a look at civil penalties.

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MOST POPULAR STORIES

  • Surveys in Patent Infringement Litigation: The Next Frontier
    Most 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.
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