Off-Label Promotion and Product Liability Considerations
It is well documented that government bodies are scrutinizing companies' promotional efforts, particularly marketing of products for unapproved uses, commonly referred to as 'off-label promotion.' Of course, it is important for any company to consider the regulatory implications of disseminating off-label information. However, it is shortsighted for companies not to consider potential product liability implications of off-label promotion.
Business Opportunity Alternatives
Part One of this series discussed the following forms of the business opportunity model of patent monetization: 1) outright sale of the patent; 2) exclusive field-of-use licenses; and 3) nonexclusive licenses and transfer of know-how. This month's installment addresses corporate transactions and various investment and financing vehicles.
Engagement Letters
Engagement letters in the big law firm are like death, taxes, and timesheets. You can't live with them. You can't live without them. On the one hand, while many practitioners may not realize it, engagement letters are part of the attorney-client contract that defines the relationship between the parties. This article identifies the general ground rules regarding engagement letters, the bells and whistles that such letters can contain for the good of the law firm, and the problems that can arise when lawyers don't pay attention to or fail to follow to the letters.
Proving Willful Infringement: In re Seagate Technology, LLC
Many complaints for patent infringement allege that a defendant's conduct is willful, justifying an award of enhanced damages. The <i>Seagate Technology</i> decision substantially increases the difficulty of proving willful infringement. <i>In re Seagate Technology, LLC,</i> 2007 WL 2358677 (Fed. Cir. 2007).
Court Watch
Highlights of the latest franchising cases from around the country.
Insuring Against Disaster: Coverage for Product Recalls
In recent months, it has seemed that barely a week has gone by without the announcement of a major product recall, whether it be of pet food (tainted with a wheat gluten additive), toothpaste (containing poisonous diethylene glycol, a solvent used in antifreeze that imparts a sweet taste), millions of children's toys (the subject of four major recalls, several of which involved lead paint), almost half a million light truck tires (lacking a safety feature that guards against tread separation), or 3.6 million Ford cars, trucks, and SUVs (containing a cruise control switch linked to vehicle fires). Recalls have become so common of late that satirical magazine <i>The Onion</i> 'reported' in late July that shares of Constitution Solutions, LLC ('COSO') 'fell sharply Tuesday after several Eastern bloc constitutions written by COSO were recalled due to loopholes that allowed Vladimir Putin to re-form the Soviet Union.' Stockwatch, <i>The Onion,</i> July 26-Aug. 1, 2007, at 2.
Foreign Companies Prosecuted in the U.S. for Bribes Overseas
In an effort to level the playing field for U.S. businesses overseas, many OECD countries adopted the Convention on Combating Bribery of Foreign Public Officials in International Business Transactions in 1998. Nearly 10 years later, the main result may have been to enlarge the playing field of U.S. law enforcement.
Avoiding Common Collection Blunders
Electronic discovery is filled with pitfalls and mistakes that can be avoided with proper planning and preparation. One area that can have the greatest impact on the defensibility and the cost of e-discovery is evidence collection. The effective execution of this phase will go the farthest in improving overall e-discovery success while lowering associated risks. In other words, if data is harvested and restored in a legally defensible, forensically sound manner, then the overall project will have a much better chance of achieving a favorable or expected outcome. Following are some common mistakes often encountered in e-discovery ' and some advice on how to avoid them.
