Sophisticated User Defense Gains Acceptance
April 27, 2009
The sophisticated user doctrine has become a prevalent defense nationwide in product liability actions involving failure-to-warn claims. This article expounds upon recent cases that help to entrench the sophisticated user doctrine in many states' case law, to a full or limited degree.
The New Consumer Product Safety Improvement Act
April 27, 2009
The Consumer Product Safety Improvement Act (commonly referred to as the "CPSIA") was enacted in August 2008 in the wake of a sharp increase in recalls of children's products, particularly the recall of toys during and after the 2007 holiday season. This article provides an overview of the CPSIA, including a summary of key provisions, an update on agency rulemaking to implement the law, and an assessment of the risks and challenges related to compliance with the law.
Practice Tip: The FDA's Good Reprint Practices and Product Liability
April 27, 2009
The Food and Drug Administration (FDA) recently finalized its guidance document entitled "Good Reprint Practices for the Distribution of Medical Journal Articles and Medical Scientific Reference Publications on Unapproved New Uses of Approved Drugs and Approved or Cleared Medical Devices" (the "GRP Guidance"),. Here's what you need to know.
Does Joinder of a Forum Defendant Always Prevent Removal?
April 27, 2009
A state-court action cannot, as a general rule, be removed to federal court where a resident of the forum state has been joined as a defendant. 28 U.S.C. '1441(b). This is commonly known as the "forum defendant rule." There is, however, an exception to the rule.
Lawful Data-Mining of Social Networks
April 27, 2009
To avoid legal difficulties when you mine information about people from social-network locations, make sure you employ three particular policies when using information mined from blogs. Here's how to proceed.
Client Speak: Capturing the Current Mood
April 27, 2009
Implicit in all the stories about layoffs or hourly versus value billing, the fundamental question is whether the severity of the economic downturn will permanently change what law firms look like and how they operate. Can they ever again support the notorious salary structures and leverage strategies of the past?
Career Journal: Does Having a J.D. Help a Career in Legal Marketing?
April 27, 2009
The marketing function is expanding within law firms. Despite of, or perhaps because of, the legal industry's economic woes of late, the expectations around marketing ' from increased business development to enhanced practice support ' has never been greater. Do you need a J.D. to have a career in marketing?
Do More with Less and Gain Market Share
April 27, 2009
The current economic situation is forcing firms to think of new ways to market themselves, which likely will become the new norm, long after the downturn is history.
