Key Pre-emption Ruling in Third Circuit
May 28, 2008
On April 8, 2008, the Third U.S. Circuit Court of Appeals issued a significant decision concerning the authority of federal regulatory agencies to pre-empt state tort claims, <i>Colacicco v. Apotex Inc.</i>, No. 6-5148.
Federal Officer Removal Jurisdiction Upheld in Agent Orange Cases
May 27, 2008
In this article, we discuss the issue of federal officer removal, <i>i.e.</i>, the removal of a state action to federal court on the ground that the government had such control over the defendant that the defendant was essentially acting as a federal officer.
Practice Tip: Coordination of Mass Torts in NY State Court
May 27, 2008
Part One of this series discussed the advantages of coordinating state and federal mass torts cases, and specifically addressed New York law. The conclusion describes the process of applying for coordination in New York State.
'Cosmeceuticals': The Fine (Regulatory) Line Between Cosmetics and Drugs
May 27, 2008
When it comes to determining whether a product is a drug, a cosmetic, or both under the Federal Food, Drug and Cosmetic Act of 1938, the focus has been mostly on the marketing and promotional claims related to the product, at least based on available FDA guidance, case law, and recent enforcement actions. As the market for cosmeceuticals continues to grow, however, and if more products are formulated with ingredients found in FDA-approved prescription drugs, that focus could change.
Chinese Manufacturing and Imports
May 27, 2008
All companies must live with the risks and uncertainties inherent in their businesses. Doing business with Chinese manufacturers, however, recently has proven to be more risky than some companies had anticipated.
Attorney-Client Privilege in Corporate Internal Investigations
May 27, 2008
Corporate scandals over the past decade have led to an encyclopedia of new statutes, regulations, initiatives, and programs, at the state, federal, and global levels. Corporations have responded with new or revised ethics codes and rules governing business conduct. Along with this mass of law, corporations have been expected to police themselves through stringent compliance and reporting programs. The current business cycle may make compliance efforts even more difficult.
What Is Reasonable?
April 30, 2008
Several recent rulings from the U.S. Supreme Court have arguably tipped the scales toward alleged infringers involved in a patent battle.
