Off-Label Promotion of Drugs and Medical Devices
June 29, 2009
A spate of billion- and hundred-million-dollar settlements with the Department of Justice (DOJ) illustrates how the investigation of off-label promotions of drugs and devices has emerged as a predominant theory in pharmaceutical and medical-device prosecutions.
Hotline
June 24, 2009
Recent rulings of interest to you and your practice.
Two Federal Courts Reject Medical Monitoring Class Actions
June 24, 2009
Recently, two federal courts rejected certification in three putative "medical monitoring" class actions that were brought against E.I. DuPont de Nemours and Company in West Virginia and New Jersey. These are significant rulings in the still developing field of "medical monitoring," and indicate the limits of class certification based on medical monitoring theories of recovery
Proposed Amendments to Federal Rules Would Limit Expert Witness Disclosures
June 24, 2009
Rule 26 of the Federal Rules of Civil Procedure incentivizes a party's attorney to get creative in his efforts to prevent disclosure of his communications with the party's expert ... The results of the rule have been costly and often lead to the discovery of information that is only marginally relevant to any genuine issue in dispute.
NJ Judge Won't Certify Class Action By Vioxx Users
June 24, 2009
In March, an Atlantic County, NJ, judge denied a request to certify a class action against Merck & Co. on behalf of consumers for their out-of-pocket expenses for the painkiller Vioxx, which was withdrawn from the market in 2004 after a medical study linked it to heart disease.
Recalls of Foreign-Made Products Lead to Increased Scrutiny at Home
June 24, 2009
The increased regulation of safety standards, testing, certifications of compliance, and advertising will likely result in a significant increase in the number of foreign product recalls. This, in turn, will yield increased litigation in the future. Here's why.
Let the Hirer Beware
June 24, 2009
With so many lawyers up for grabs these days, firms have enticing opportunities to bring aboard top talent, sometimes at bargain prices. But let the hirer beware. Lateral hiring isn't without risk, and more lateral hiring means more exposure to claims alleging malpractice and other failings.
IP's Impact on M&A and Corporate Values
June 24, 2009
In this far-ranging interview, Susan Perng Pan, Washington, DC-based patent attorney and partner of the intellectual property firm SUGHRUE MION, PLLC, discusses best practices and strategies for in-house counsel to assess, protect, and evaluate the worth of their portfolios, both domestically and globally.
The Unseemly Web of Keyword Advertising
May 29, 2009
Despite the surface simplicity of keyword advertising disputes (typically entailing unwanted use of the exact trademark of a direct competitor promoting competing goods or services) the web the courts have spun addressing such Web-based advertising has been anything but. Fortunately, the Second Circuit's April 3 decision in <i>Rescuecom Corp. v. Google, Inc.</i>(on the one-year anniversary of oral argument), straightens at least some of the tangled seams by recognizing that keyword ads tied to a trademark do constitute a use in commerce of the subject mark.
