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We found 2,770 results for "Product Liability Law & Strategy"...

Effective Use of Evidence-Based Medicine to Challenge Causation Testimony
July 26, 2011
Medical experts testifying about causation in toxic tort, medical device, and pharmaceutical litigation frequently claim to base opinions upon a dispassionate review of the scientific literature, the same analysis they perform in their clinical practices. But peeling back the fa'ade often reveals that they have done nothing of the kind.
Economic Analysis in ERISA Litigation over Fiduciary Duties
July 25, 2011
Continuation of the in-depth discussion begun last month, with emphasis on Implications of behavioral finance for ERISA litigation.
Retail Tenants Need to ZIP Up Their Class-Action Defenses in CA
July 25, 2011
Retail tenants in California ' and perhaps those in other states as well ' that collect ZIP Codes may very well find themselves the subject of putative class actions, the penalties for which could be substantial.
Drug & Device News
June 28, 2011
News of importance to you and your practice.
FCA and ACA Pose Perils for Med-Mal Defendants
June 28, 2011
Changes to the Patient Protection and Affordable Care Act (ACA) now make it easy for individuals who have gained information during the discovery process in a medical malpractice suit to use that information to bring a <i>qui tam</i> action under the False Claims Act (FCA).
Equipment Lenders Beware
June 28, 2011
Equipment lenders often consider an out-of-court foreclosure as a fast and efficient way to recover collateral from a defaulting borrower. The Second Circuit Court of Appeals has thrown a monkey wrench into the attractiveness of the foreclosure option, especially for those equipment lenders who foreclose on collateral with the goal of preserving value by operating the business until a strategic buyer can be located.
Graphic Health Warnings for Alcohol
June 28, 2011
Regulatory warning requirements for risky consumer products have typically taken the form of graphic, emotive and oversized health warnings that are designed to change the consumer's behavior through shock tactics and maximization of emotional impact.
Practice Tip: The Use of Cy Pres Funds in Class Action Litigation
June 28, 2011
Any product liability litigator who prosecutes or defends class actions should be familiar with the concept of "cy pres" ' which has been the subject of significant recent attention by the courts and commentators.
Air Bag Warning Claim Preempted
June 28, 2011
Two recent cases highlight issues of importance to practitioners. One case dealt with preemption; the other with discovery sanctions.
What's Reasonable to Expect?
June 28, 2011
A number of jurisdictions have adopted one version or another of the reasonable expectations doctrine.

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  • Understanding the Potential Pitfalls Arising From Participation in Standards Bodies
    Chances are that if your company is involved in research and development of new technology there is a standards setting organization exploring the potential standardization of such technology. While there are clear benefits to participation in standards organizations &mdash; keeping abreast of industry developments, targeting product development toward standard compliant products, steering research and intellectual property protection into potential areas of future standardization &mdash; such participation does not come without certain risks. Whether you are in-house counsel or outside counsel, you may be called upon to advise participants in standard-setting bodies about intellectual property issues or to participate yourself. You may also be asked to review patent policy of the standard-setting body that sets forth the disclosure and notification requirements with respect to patents for that organization. Here are some potential patent pitfalls that can catch the unwary off-guard.
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