Interpreting FTC's New Endorsement Guidelines
December 21, 2009
This series examines changes to the Federal Trade Commission guidelines for product endorsements and testimonials. The revised new guidelines took effect Dec. 1, 2009.
IP Expenses
December 18, 2009
In-house lawyers can do great good for their companies by deploying IP assets to realize direct monetary return for their companies, but they are under more pressure to reduce expenses because of the inaccurate perception that IP-related expenses do not add to the bottom line, a perception that stems from accounting conventions.
A Viking on Choppy Waters
December 18, 2009
When the New York Court of Appeals issued its decision in <i>Consolidated Edison Company v. Allstate Insurance Co.</i>, the issue of allocating liability for continuing losses among multiple insurers consecutively liable for the loss appeared to be all but settled. This approach to allocation has been called into question, however, by the recent decision of the Delaware Court of Chancery in <i>Viking Pump, Inc. v. Century Indem. Co.</i>
Can a Lender's Own Acts Void Its Title Policy?
December 18, 2009
It has long been recognized that claims go up in an economic downturn just as the underwriters' ability to pay decreases. But is there more going on in this new era of strict scrutiny for title claims? Is the evidence merely anecdotal?
FTC Guidelines Fallout
December 18, 2009
The regulations that the Federal Trade Commission recently promulgated on product endorsements could result in injunctions for bloggers and advertisers, who could be ordered to reimburse consumers for financial losses stemming from product reviews that are considered inappropriate under the new guidance.
Medspa Operations
December 18, 2009
The medical spa industry has grown rapidly over the last several years. In 2004, there were only 471 in the United States, but by 2009 there were nearly 2,000. The law of averages suggests that with more spas, more treatments and more injuries, there are bound to be more mishaps and adverse reactions at these facilities.
The CPSIA : One (Difficult) Year Later
December 18, 2009
Though its enactment in 2008 was well-intentioned, implementation of the CPSIA has been a logistical nightmare ' largely because this far-reaching law was enacted without providing adequate resources to the CPSC to enforce it or giving sufficient forethought to its implications for the affected businesses.
Practice Tip: The Economic Loss Rule
December 18, 2009
A relative youngster in terms of legal doctrines, the Economic Loss Rule has quickly gained widespread acceptance in state and federal courts. First recognized by California in 1965, it has now been endorsed in some form by the U.S. Supreme Court and nearly every state.
Climate Change and Global Warming
December 18, 2009
This article examines four avenues for addressing the problems of climate change and global warming: international diplomacy, litigation, regulatory agency action, and legislation. Various aspects of these avenues impact product manufacturers and, in turn, product liability litigation.
