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Wyeth: The Plaintiff's Perspective
March 30, 2009
The authors claim that <i>Wyeth v. Levine</i> is a major victory for consumer advocates and champions of the civil justice system. Here's why.
Lawful Data-Mining of Social Networks
March 30, 2009
Blogs simultaneously provide Internet users with social-network prospects and employers with a previously unavailable source of information suitable for employment-assessment decisions. And it's in this intersection on the Information Superhighway where often occurs a collision of worlds, perspectives and direction that frequently cripples or kills prospects, and individuals' aspirations. Employees of e-commerce companies aren't immune to such collisions, nor are agents of the companies who gather data on prospective or current employees, if they go about their work unlawfully, or in other improper ways that could lead to legal or other types of regulatory action.
Practice Tip: The Fine Art of Safely Lifting Litigation Holds
March 30, 2009
This article explores some of the legal and practical considerations that go into lifting a litigation hold and minimizing the risk of the activity.
Opinion: Supreme Court Botches Preemption Case
March 30, 2009
The Supreme Court handed down its decision last month in the case of <i>Wyeth v. Levine</i>, ruling that federal law did not bar plaintiff Diana Levine from suing pharmaceutical maker Wyeth over allegedly insufficient drug safety warnings, even though the warnings had been approved by the Food and Drug Administration (FDA). This decision establishes the troubling precedent that a sympathetic jury can now supersede the expert opinions of the FDA on what qualifies as adequate safety labeling.
The Leasing Hotline
March 27, 2009
Recent cases of interest to you and your practice.
President Obama and Sustainability
March 27, 2009
The election of Barack Obama as president of the United States has many historic overtones. However, with an economic recession that is just as historic, a real estate industry in near freefall and a country questioning its energy sources and uses, how will Obama's policies impact commercial construction projects over the next several years?
Who Is Master of a Master Lease?
March 27, 2009
During the recent cycle of real estate financings, a popular structure emerged to segregate the real estate assets from the operating assets of a company. The structure became commonly known as an Opco/Propco transaction.
In the Spotlight: Bankruptcy Strategies for Commercial Landlords, Tenants, Lenders, and Real Estate Investors
March 27, 2009
This is the second in a series dealing with the subject of bankruptcy strategies and considerations for commercial landlords, tenants, lenders and real estate investors. These alerts are intended to highlight for our readers some of the key issues they should consider in connection with the subjects discussed.
Real Estate Downturn Causes Lawyers to Adapt
March 27, 2009
Now faced with such a dramatic and sudden change, real estate attorneys are left wondering what to do. The transactional practice that was so good to so many for so long is no longer there. A look at how these attorneys can redirect the focus of their practices to adapt to the changing times.
Counseling Franchises During the Recession
March 26, 2009
These are extremely trying times for all businesses, including franchisors, seeking to survive through this recession. It is imperative that franchisors demonstrate leadership in preserving their franchise systems, but fault lines undoubtedly will emerge. In this environment, much pressure will fall on the shoulders of franchisor's counsel to guide clients to achieve their goals.

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