Case Notes
January 29, 2009
Recent litigation of interest to you and your practice.
Product Liability Litigation
January 29, 2009
The different ' sometimes even higher ' product standards required by non-American countries can adversely affect product protection here in the United States, as plaintiff's attorneys can use these discrepancies to their advantage in litigation against product manufacturers.
Preemption Beyond Drugs and Medical Devices
January 29, 2009
Although the issue of Federal Preemption has grabbed the headlines in medical device and pharmaceutical cases, those analyzing preemption's impact on plaintiff's failure-to-warn claims on other types of products that are subject to federal regulation are significant for their varied results.
Practice Tip: A Litigator's Guide to the 'Siren Song' of 'Consumer Law' Class Actions
January 29, 2009
Statutory consumer-protection laws are rapidly displacing common law tort principles. Those behind this disturbing trend say that these lawsuits (typically class actions) represent a "different avenue of relief for a different type of injury." Most admit, however, that they are actually running consumer class actions for "risk of injury" because personal-injury class action torts are too difficult to certify.
Protecting Against Unique Claims Regarding Medical Device Sales Reps
January 29, 2009
In recent years, pharmaceutical and medical device manufacturers have faced an increased number of creative product liability claims arising from alleged actions of their sales representatives. Medical device manufacturers may face a challenge in preventing these claims because of the unique role of these representatives.
The Housing Assistance Tax Act and the Emergency Economic Recovery Act
January 29, 2009
In response to the nation's economic downturn, former President Bush signed into law the Housing Assistance Tax Act of 2008 ("Housing Act") on July 30, 2008 and the Emergency Economic Recovery Act of 2008 ("Bailout Plan") on Oct. 3, 2008. The new laws have several significant tax-related provisions that affect individual and business taxpayers including law firms, attorneys, their staff, and their clients.
Rules Governing Fax and E-mail Ads
January 29, 2009
The importance of having a robust compliance policy to review the content of proposed advertisements is well-known and widely accepted. But what may not be as familiar is the need for a separate policy focused on the means of disseminating such advertising. Here's why.
Law Firms and Social Networking
January 29, 2009
Along with the viral popularity of social networking Web sites (one of these sites is the fourth most-trafficked Web site in the world), legal blogs, collaboration sites, and informal online education options comes the vulnerability of some risk. Here's what to do.
Technology and Law Firm Management
January 29, 2009
Technology innovations in legal practice will become standard as the author's generation moves into management and leadership roles. Here's why.
Does Your Partnership Agreement Violate the Rules of Professional Conduct?
January 29, 2009
In many industries, non-competition provisions are a typical feature of employment contracts and partnership agreements. For lawyers, however, they have been condemned as unethical. Here's a look at Rule 5.6(a) of the ABA's Model Rules of Professional Conduct promulgated in 1983, and where it stands today.
