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Trenwick America
September 27, 2006
The September Issue of this newsletter discussed the Delaware Bankruptcy Court's recent decision, In re Scott Acquisition Corp., 2006 WL 1732277 (Bankr. D. Del. 2006), which ruled that directors and officers of insolvent subsidiary companies owe fiduciary duties to both its creditors and the subsidiary itself. Hot on the heels of that decision, the Delaware Chancery Court, Vice-Chancellor Leo E. Strine presiding, has again waded into the breach of fiduciary duty and zone of insolvency arena with its decision in <i>Trenwick America Litigation Trust v. Ernst &amp; Young, L.L.P., et al.</i>
Debtor Strategies for Avoiding Unfavorable Tax
September 27, 2006
The treatment of loans to a debtor's former employees can result in unforeseen and unfavorable tax consequences. An unwary trustee or administrator of a plan of reorganization (each a 'Responsible Individual') who employs the wrong approach can expose the estate to unanticipated payroll tax liability. Moreover, if the Responsible Individual fails to reserve sufficient funds for payment of such payroll tax liability, he may be forced to pay such liability out of his own pocket. As a result, it is critical that a Responsible Individual be familiar with the issues, and employ the strategies discussed herein.
Verdicts
September 27, 2006
The latest rulings of importance to you and your practice.
Drug & Device News
September 27, 2006
Recent happenings in this important arena.
Med Mal News
September 27, 2006
News from around the country.
When Drug and Device Company Reps Enter the Room
September 27, 2006
It is becoming increasingly common for medical company representatives to be present in examination rooms, procedure rooms and even in operating rooms. Because of this trend, it is important not only for medical companies, but also for hospitals and physicians to be aware of the potential liability related to having these representatives present during examinations or procedures.
After Counseling Fails, Many Sue Therapists
September 27, 2006
The growing popularity of therapy for everything from marriage troubles to drinking problems has the mental health care community paranoid about lawsuits. Legal and health care experts say that therapists today face a greater risk of being sued than ever before, particularly given the 55% divorce rate and the breakdown of the family.
Fight over Policing of Expert Testimony Heats Up
September 27, 2006
In three recent decisions, courts in North Carolina, Florida and Kansas have expressed displeasure with ... extra-judicial attempts by the medical profession to police its own members. This article looks at these recent cases and the impact of those cases on expert witness testimony in medical malpractice litigation.
Litigation
September 27, 2006
Recent rulings of interest to you and your practice.
Insanity, Drugs and the Family Code
September 27, 2006
Go to your favorite Internet search engine and run a search for 'stupid laws.' You will come up with thousands of hits for sites that report it is illegal to spit on the ground within 5 feet of another person and the like. Most of these 'laws' are probably just urban myths. However, the California Family Code (and in all probability the codes of most other states) does contain laws that should be looked at more carefully. Some of our statutes are in need of modernization. Others are poorly worded, and others just make no sense. We can and should expect more of our legislature.

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    On May 9, 2003, the U.S. Attorney's Office for the District of Massachusetts announced that Bayer Corporation, the pharmaceutical manufacturer, had been sentenced and ordered to pay a criminal fine of $5,590,800 stemming from its earlier plea of guilty to violating the Federal Prescription Drug Marketing Act by failing to list with the FDA its drug product, Cipro, that was privately labeled for an HMO. Such listing is required under the federal Food, Drug &amp; Cosmetic Act. The Federal Prescription Drug Marketing Act, Pub. L. 100-293, enacted on April 22, 1988, as modified on August 26, 1992 by the Prescription Drug Amendments (PDA) Pub. L. 102-353, 106 Stat. 941, amended sections 301, 303, 503, and 801 of the Federal Food, Drug, and Cosmetic Act, codified at 21 U.S.C. '' 331, 333, 353, 381, to establish requirements for distributing prescription drug samples.
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