Collateral Consequences of Criminal Conviction
May 27, 2010
Criminal convictions may result in numerous penalties beyond the imprisonment or fine imposed after trial. Commonly referred to as the "collateral consequences" of a conviction, these often hidden and misunderstood penalties exist in two forms.
Summary Judgment: A Tool in Franchise Arbitrations
May 27, 2010
Arbitrations have expanded in scope and complexity over the years such that many arbitrations now closely resemble a court or jury trial. In response, franchise counsel should incorporate language in the arbitration provision in the franchise agreement that gives the parties the express right to employ litigation tools typically used by plaintiffs and defendants to resolve issues before incurring the time and expense associated with full-blown trials.
Off-Label Marketing and the First Amendment
May 27, 2010
Pharmaceutical and medical device manufacturers have argued that FDA restrictions on off-label promotion infringe their First Amendments rights. While First Amendment defenses are difficult, two recent cases have placed this issue back in the spotlight.
IFA Legal Symposium: Financing Remains Immense Problem for Franchisors
May 27, 2010
Conversation at the 41st annual International Franchise Association Legal Symposium focused on the challenges that franchisors and franchisees are facing in obtaining financing for continuing operations and expansion, as well as other impacts of the two-year U.S. recession.
Health Care Reform, or 'Qui Tams Made Easy'
May 27, 2010
While the insurance provisions of the new health care reform law (the Patient Protection and Affordable Care Act or PPACA) have received much media attention, the media have barely noticed another PPACA feature that could have a profound impact on the pharmaceutical, medical-device and health care industries.
Five Steps to Managing Social Media Risks
May 27, 2010
On the one hand, companies want to capture the attention of potential customers roaming the social media space. On the other hand, conversations in the blogosphere are largely uncontrollable, and raise myriad risks. Social media can cause serious losses if not handled correctly.
Ethical Good Eggs
May 27, 2010
As an organization, what do we do when a client asks us to proceed through uncharted waters? Do solutions conceived outside of our comfort zone make us seem reckless or inversely, innovative?
