Linking Autism Injuries to Childhood Vaccines
October 26, 2009
Does the Vaccine Act preempt all design defect claims in state and federal court? Parents convinced that their children's autism has been caused by inoculations, and their attorneys, recently achieved a surprising victory on the issue when the Georgia Supreme Court ruled that a plaintiff's design defect claims are not barred by the Vaccine Act's preemption clause.
Children's Products
October 26, 2009
A manufacturer cannot assume that just because its product is in compliance with the CPSIA, the product is also in compliance with California's statutes, or vice versa. Ultimately, only a product-specific analysis can determine whether a product that complies with the CPSIA is also compliant with California's AB 1108 and Proposition 65.
Corporate Internal Investigations
October 26, 2009
While companies conduct internal investigations for many reasons, the results of these investigations are often shared with the government. But the disclosure required by that cooperation leaves open the real possibility that the attorney-client privilege and the work product doctrine may be waived.
Attorney Work Product at Risk
October 26, 2009
A new federal appeals court decision promises to give significant pause to corporate counsel, particularly in-house tax attorneys. To their dismay, the First Circuit has ruled that no amount of anticipation of litigation, nor the intimate involvement of legal counsel, can ever immunize so-called "tax accrual workpapers" from discovery by the IRS.
Immunity for Web Site Owners
September 29, 2009
Web sites, social networks and other interactive service providers facilitate the display and exchange of a staggering amount of user-generated information, much of it idle chatter, meaningful commentary and helpful information, though some of it defamatory and offensive speech. Without certain protections, a site owner could face liability, and such a threat conceivably would have a chilling effect on the vibrant exchange of ideas on the Web.
The Access to Repair Parts Act
September 29, 2009
If the Access to Repair Parts Act is signed into law, it appears that anyone who manufactures or sells replacement parts that are substantially similar or even identical to designs protected by a registered design patent could do so with little risk of infringing the patent.
Smart Phones Require 'Smart' Employers
September 29, 2009
e-Commerce employers must be especially "smart" about employee smart-phone use and the problems it can bring if acceptable use isn't spelled out. Unfortunately, few employers fully consider the various issues these high-tech gadgets pose, such as overtime compensation dangers, security risks and offensive blunders in etiquette.
Recommendation Marketing Through Evolving Social Media Channels
September 29, 2009
In one of its more insidious forms, recommendation marketing can involve a marketer paying Internet users to post disingenuous positive product reviews at online retailers' sites, also called astroturfing, in which advertisers or their agents pretend to be unaffiliated consumers, and spread misleading or false information to advance the advertiser's objectives.
