Columns & Departments
Drug & Device News
Discussion of several key news items of importance to legal practitioners.
NBC Universal Not Liable for Link To Attack Article
The Appellate Court of Connecticut ruled that NBC Universal, through its cnbc.com website, was not responsible for linking to the content of an alleged defamatory article by Teri Buhl, a self-described "smashmouth investigative journalist."
Features
Food Labeling Claims: Differing Approaches
A recent decision by the federal court for the Eastern District of New York provides an interesting analysis of the various elements of class certification as applied to food or beverage cases, and re-emphasizes the difference in approach by the federal circuits.
Petrella's Lawyers Are Unusual Duo
Winning a judgment against a movie studio for copyright infringement is one of the toughest litigation assignments out there. But it might have become a bit easier after the victory at the U.S. Supreme Court by the unusual duo of entertainment lawyer Glen Kulik of Kulik Gottesman & Siegel in Sherman Oak, CA, and professor Stephanos Bibas of the University of Pennsylvania Law School.
Features
Reclassification of Obesity and Changes to the Manual of Mental Disorders
Recent medical disease reclassifications are affecting a large portion of America's workforce, and the long-term impact is proving difficult to predict.
Features
Medical Monitoring
Courts typically treat medical monitoring as a potential remedy for a traditional tort claim. In such cases, plaintiffs allege exposure to toxic substances as a result of a defendant's tortious conduct; yet at the time the action is commenced, plaintiffs are asymptomatic and allege no physical injuries.
Features
Upcoming FLSA Changes: What You Need To Know
President Barack Obama recently directed the DOL to propose revisions to modernize and streamline existing overtime regulations under the Fair Labor Standards Act (FLSA). The changes will likely have a significant impact on employers and their overtime obligations.
Are We All Computer Felons?
Tthe Computer Fraud and Abuse Act (CFAA) has come under recent scrutiny due to its use against unsuspecting individuals who may not be the malicious hackers that the Act was originally meant to address. This has led to a noisy push for CFAA reform, a split in the Federal Circuit Courts and calls for Congressional action.
Features
Changes to Mental Disorders
The ACA is not the only health care challenge facing employers. Recent medical disease reclassifications are affecting a large portion of America's workforce, and the long-term impact is proving difficult to predict. These changes may result in an increased number of workers' compensation and Americans with Disabilities Act (ADA) discrimination claims, but hopefully, they will also result in a greater emphasis placed upon prevention and treatment.
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