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The 2009 PhRMA Code on Interactions with Health Care Professionals

The Pharmaceutical Research and Manufacturers of America ("PhRMA") recently issued a revised version of its Code on Interactions with Healthcare Professionals that took effect on Jan. 1, 2009 ("revised Code"). Here's a look at the revisions.

Quarterly State Compliance Review

This edition of the Quarterly State Compliance Review looks at some legislation of interest to corporate lawyers that went into effect on Jan. 1. It also examines some recent decisions of interest.

e-Commerce Docket Sheet

Web Arbitration Clause Before Purchase Does Not Cancel Unconscionability Web Host Gets CDA Immunity for Alleged Defamatory Site Content Game 'Cheat' Software Circumventing Security Does Not Violate DMCA Late Option Exercise Under License Not Excused on Equitable Grounds Print-on-Demand Publisher Not Liable for Alleged Defamatory Book

Whose Space? Discoverability of Social Networking Web Sites

This article explores a social networking site user's right to privacy, an adversary's right to obtain information from that site, and the admissibility of the information.

Bit Parts

Crew Member Injury/Employee Status Merchandising Rights/Film Remakes Trademark Infringement/First Amendment Defense

Drug & Device News

The latest news in this important area.

Suits Roll in over Recalled Drugs

Plaintiffs' attorneys have filed several lawsuits in recent months involving two recalled drugs, the generic blood thinner heparin, and prescription medication Digitek, that could signal a clean break from past actions that were far less successful against drugs Vioxx and Paxil.

Dealing with a Seriously Impaired Plaintiff at Trial

Last month, the authors discussed the fact that state laws vary regarding whether and when an impaired plaintiff can be present in the courtroom during the trial of his or her case. The authors conclude with a discussion on methods for diminishing the emotional impact on the jury of the courtroom presence of such a plaintiff.

Case Notes

Recent rulings of interest to you and your practice.

Movers & Shakers

Who's doing what; who's going where.

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The Availability of Self-Help Evictions to Commercial Landlords
A landlord may re-enter leased commercial premises peaceably, without resorting to court process, in those states where it is permitted, if the right to do so is expressly reserved in a commercial lease, either a) upon the tenant's defaulting on the payment of rent or other lease terms, or b) upon termination of the lease or the tenant's abandoning the premises.
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Supreme Court Rules Rejection of Trademark License Does Not Rescind Rights of Licensee
Mission Product Holdings, Inc. v. Tempnology, LLC The question is whether a debtor's rejection of its agreement granting a license "terminates rights of the licensee that would survive the licensor's breach under applicable nonbankruptcy law."
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Bankruptcy Court Cannot Surcharge Credit Bidding Asset Buyer with Expenses of Sale
Explaining that the "bankruptcy court had no jurisdiction to take such action," the Fifth Circuit also vacated the district's court's improper ruling that the bankruptcy judge could enter a personal judgment against the asset buyer.
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Second Circuit Rejects Arbitration of Debtor's Asserted Discharge Violation
A bankruptcy court properly denied a bank's motion to compel arbitration of a debtor's asserted violation of the court's discharge injunction, the U.S. Court of Appeals for the Second Circuit held.
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The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
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