Can Failure-to-Warn Claims Against Generic Drug Manufacturers Be Preempted?
The tension between the salutary purposes of the Hatch-Waxman Act (low-cost drugs widely and quickly available to patients) and the necessity to change label warnings when science or adverse event reports show a newly appreciated risk, presents a Hobson's choice to generic drug companies, complicated by the FDA's own interpretation of its CBE regulations as inapplicable to them.
Capturing the Current Mood
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?
Business Plans: A New Reality
Now that the legal industry is reeling from losses, layoffs and downsizings, lateral hires are being run through an even more stringent gauntlet. Many firms now want to see business plans from all lateral partner candidates.
Professional Development for the Senior Associate
Senior associates ' who, by definition, are reaching higher levels of profitability for the firm and have developed practice expertise ' are often left behind when it comes to targeted professional development. But ignoring this population creates problems for a firm ...
From Partnership to Personal Liability
When drafting a contract for a client, a lawyer knows to anticipate and address many issues that may arise under the binding agreement. Such attention avoids problems that may result from a breach or termination of the contract. However, in many cases, lawyers do not anticipate or address these concerns in their own agreements.
Supreme Court Again Broadens Scope of Fair Employment Anti-Retaliation Provisions
Recent statutory and regulatory enactments have been widely debated and publicized. Equally important, but without any of the public comment and debate, have been four U.S. Supreme Court decisions issued since June 2006, which have significantly expanded the scope of the anti-retaliation provisions of Title VII of the Civil Rights Act, the Age Discrimination in Employment Act and 42 U.S.C. ' 1981
14 Penn Plaza's Impact on Collective Bargaining
In <i>14 Penn Plaza v. Pyett</i>, the Supreme Court clearly stated that a union-negotiated arbitration agreement can bind individual employees to arbitrate statutory discrimination claims. Accordingly, employers and unions should consider taking advantage of the benefits of arbitration ...
CA Employment Lawyers Saw Fourth-Quarter Surge
Employment lawyers across the San Francisco Bay Area are in awe of the ferocity of the economic slide, which for many has already translated into more work. Many Bay Area partners at firms big and small say their employment work really surged in the fourth quarter of 2008, and many expect the increase to continue.
Representing Both Defendant-Employer and Defendant-Employee
The last decade has marked a dramatic rise in the number of executives, supervisors and managers who are being sued in their personal capacity for their work-related actions. This rise is largely the result of the expansion of many state discrimination laws to allow for lawsuits against not only the corporate employer, but also individual supervisors.
