Insurers' Response to Nanotech Suits
November 22, 2010
The vacuum of information concerning risks posed by nanotechnology and nanomaterials makes risk management planning difficult, if not impossible. This article addresses that gap and explores the insurance implications of the likely "first wave" of lawsuits — suits arising out of exposure to nanomaterials in the absence of evidence of actual physical injury or harm.
The Forum Non Conveniens Decision
October 29, 2010
This two-part article addresses the strategic question of whether defendants sued by foreign plaintiffs for alleged foreign misconduct should pursue <i>forum non conveniens</i> dismissals.
The Products Liability Dilemma for Pharmaceutical and Medical Device CEOs
October 29, 2010
Failure to comply with government regulations, and inactivity if a company falls out of compliance, can lead to serious product liability issues in the long term. Unfortunately, CEOs often do not consider the potential cost of product liability enforcement when they evaluate whether or not to act.
Avoiding Physician Liability for Off-Label Use of Drugs and Devices
October 28, 2010
The increased level of enforcement activity by the FDA has focused the attention of consumers and the plaintiffs' bar on the increased frequency with which physicians prescribe FDA-approved drugs and medical devices for unapproved uses. Plaintiffs' attorneys increasingly choose to name prescribing physicians in their products liability suits as co-defendants, pleading both medical malpractice and other associated tort claims against these physicians, and often premising such claims upon the decision to prescribe for a so-called "off-label" or unapproved use. Thus, the continuing expansion of off-label uses of drugs and devices has led to numerous potential legal minefields for the prescribing physicians.
Social Media Marketing
October 27, 2010
There are good reasons to believe that social media represents the next frontier in effective legal marketing, and many competitors have already hit the ground running. What do you need to know?
New Laws Expand Whistleblower Protections
October 27, 2010
Federal statutes protecting whistleblowers are on the rise. Most recently, the Dodd-Frank Act, meant to overhaul and strengthen federal oversight of the financial system, included workplace protections for whistleblowers in the financial services industry. But that is not the only new law to include whistleblower protections.
How Private Is Facebook Under the SCA?
October 27, 2010
Despite huge technological advancements in the 25 years since passage of the SCA, and the ever-increasing prominence of electronic communication in our society, Congress has not amended the SCA to keep pace with changing technology. Rather, courts have had to lead the charge in applying the decades-old statute to modern Internet technology and electronic communication disclosure issues.
Unmasking Anonymous Online Defamation
October 27, 2010
The explosion of "Web 2.0" phenomena has brought with it a deluge of published material that is arguably defamatory or otherwise actionable. While some actually welcome this development ' preferring the Web to be, and remain, "a frontier society free from the conventions and constraints that limit discourse in the real world" ' many others do not, especially those worried about the potential impact of disparaging online material on their corporate reputation. But many of those troubled by the threat to corporate reputation from defamatory online content also have discovered that mitigating its effect, or getting it removed, is far from easy.
