Trends in Financial Services Patents
January 31, 2007
Armed with a well-stocked patent portfolio, a company can effectively corner valuable markets for a limited amount of time. While this concept is second nature for most makers of tangible products, pharmaceuticals, or even software, it is only now becoming widely accepted in the financial services sector. As a result, another battlefield is emerging in which patents are becoming the weapon of choice, and trading floors and back-office processing centers have become the new settings for patent disputes.
Drug Companies and Failure to Warn
January 31, 2007
For more than one year, product liability cases have been pending against Merck's osteoporosis drug, Fosamax'. Despite having one of the highest side effect profiles of any drug in the U.S. prescription database, Fosamax remains on the market, and available by prescription. When a drug remains on the market during litigation but the manufacturer refuses to warn about a known risk, places the information about the risk in an obscure location or provides inadequate information about the severity of the risk, there is a public problem ' for both patients and prescribers alike ' in the form of a health hazard about which most prescribers have insufficient information.
Intra-Law Firm Communications
January 31, 2007
Can a firm decline to produce the e-mails, notes and memoranda relating to its internal investigation on the grounds that the material is protected by the firm's own attorney-client or work product privileges?<br>The answer is a definite 'maybe.'
Clause & Effect
January 31, 2007
Net-Profit Rights/Movies Based on TV Shows<br>Insurance/Contract-Breach Exclusion<br>Insurance/Copyright-Infringement Coverage
Compliance with Non-U.S. Environmental Health and Safety Regulations
January 31, 2007
Most U.S.-based companies have fairly sophisticated environmental, health and safety ('EHS') programs that are designed to ensure compliance with applicable EHS rules and regulations. The reasons for such programs are obvious: EHS compliance represents the floor for most, if not all companies, and non-compliant companies are likely to experience adverse financial, environmental, health and safety impacts as a result of non-compliance.
The McNulty Memo
January 31, 2007
On Dec. 12, 2006 the U.S. Justice Department issued new guidance that will require federal prosecutors to seek approval from senior DOJ officials before requesting a waiver of attorney-client privilege and work product protection in corporate criminal investigations. The new guidance supersedes the existing language on waiver in the 'Thompson memo,' issued by then-Deputy Attorney General Larry D. Thompson in January 2003.
Case Notes
January 31, 2007
Highlights of the latest product liability cases from around the country.
Practice Tip: Crafting a Winning Document Retention Policy to Avoid Court-Imposed Penalties
January 31, 2007
From the moment a manufacturer decides to undertake a new venture, it creates a staggering number of documents. These documents run the gamut from new product designs to market studies to safety test results. Even small-scale manufacturers may generate enough documents to fill a small warehouse, thus begging the question: Are we required by law to keep all these documents?
