Clinical Trial Litigation
December 26, 2006
It is no surprise to anyone that health care spending continues to rise at what is generally considered the fastest rate in U.S. history. As a result, the health care industry is growing exponentially and is under incredible market pressure. Medical device companies and pharmaceutical companies constantly compete to provide newer and better drugs and devices as well as balance issues relating to cost, patient safety and liability. In order to compete in this environment and develop safe and effective products, testing on human volunteers through clinical trials is necessary. Naturally, because they involve human beings, clinical trials have increasingly become the subject of litigation.
The Price of Holiday Parties
December 22, 2006
Now that the holiday season is over, employers may be facing fallout from their holiday parties. Although a review of recent cases asserting social host and workers' compensation liability reveals few reported decisions, there is likely no corresponding reduction in risk, and the increasing number of employers hosting holiday parties in recent years prompts an analysis of the challenges employers face in planning their annual holiday parties. It is not too soon to plan for next year's celebrations, while the experience from this year is fresh. This article discusses illustrative cases and suggests a number of concrete steps employers may wish to consider to reduce injuries and potential liabilities in planning their next holiday parties.
Why Most Document Retention Policies in the Digital Era Are Ineffective
December 19, 2006
Many companies have document retention policies in which paper and electronic documents are discarded or deleted after specified time periods, depending on the content and type of document. Those policies serve to keep sensitive information from getting into the hands of others, as well as to control the amount of physical and digital memory space needed to store documents. <i>See Arthur Andersen LLP v. United States</i>, 544 U.S. 696, 704 (2005). Some companies, for example, automatically delete e-mails older than 3 months, unless specifically saved by an employee. <i>See Hynix Semiconductor, Inc. v. Rambus, Inc.</i>, No. C-00-20905 RMW, 2006 WL 565893, at *11 (N.D. Cal. 2006). Courts, including the U.S. Supreme Court, have recognized that there is nothing wrong with such policies, even where they might result in the destruction of documents that might be material in a later lawsuit, as long as that lawsuit was not reasonably foreseen at the time the documents were destroyed. <i>See Arthur Andersen</i>, 544 U.S. at 704 ('It is, of course, not wrongful for a manager to instruct his employees to comply with a valid document retention policy under ordinary circumstances.'); <i>Samsung Elecs. Co. v. Rambus, Inc.</i>, 439 F. Supp. 2d 524, 543 (E.D. Va. 2006) (citing <i>Arthur Andersen</i>).
Web Sites' CDA '230 Immunity: An Ever-Expanding Universe?
December 19, 2006
The federal Communications Decency Act of 1996 ('CDA') immunizes Web site operators and other interactive computer service providers from liability for third parties' tortious acts. Pub Law No. 104-104 (Feb. 8, 1996) 110 Statutes at Large 56 '509, codified at 47 U.S.C. '230. 47 U.S.C. '230 shields providers and users of interactive computer services from responsibility for third-party content.
Case Briefs
November 30, 2006
Highlights of the latest insurance cases from around the country.
Treesdale and Its Impact on Number-Of-Occurrences Analysis
November 30, 2006
The Third Circuit's <i>Treesdale</i> decision last year understandably drew considerable attention in coverage circles: It was apparently the first reported appellate decision holding that a years-long course of manufacturing asbestos products, resulting in numerous bodily injury claims, constituted a single occurrence. <i>Liberty Mutual Ins. Co. v. Treesdale, Inc.</i>, 418 F.3d 330 (3d Cir. 2005). The court's single-occurrence ruling was significant because it meant, in combination with other policy provisions, that the insurer was obligated to pay only a single per-occurrence limit under 10 consecutive policies in respect of its policyholder's entire asbestos liability. <i>Treesdale</i> has potentially broad application in a variety of long-tail liability contexts where per-occurrence limits may be the most important or even sole effective limit of liability. Add the fact that <i>Treesdale</i> was decided as a matter of law, and <i>Treesdale</i> qualifies as a landmark decision in the notoriously results-driven world of number-of-occurrences litigation.
<b>Sales & Service Strategies:</b> Nine Ways to Provide Superior Client Service
November 30, 2006
Improving client service is especially important, as general counsels of large companies have revealed to BTI Consulting that more than two-thirds would not recommend their primary law firm, 50% plan to try a new law firm for a substantive matter this year and they plan to cut nearly 40% of their outside firms by 2008. With decreasing client loyalty, firms need to spend more time improving client service as well as building barriers to entries to other outside law firms.
Courts Step Up to Plate in Battle Against Spyware
November 29, 2006
Several months ago, the New York attorney general filed suit in a New York state court seeking an injunction against Direct Revenue LLC enjoining the firm from secretly installing spyware or sending ads through already installed spyware. <i>New York v. Direct Revenue LLC</i>, No. 401325/06 (Sup. Ct. N.Y. Co.). The suit has resulted in public disclosure of some of the most reviled Internet marketing tactics by a company that recently claimed it had changed its evil ways and has resulted in allegations of financial connections to some 'good guy' Internet behemoths such as Yahoo, Vonage, MySpace and others.
Obtaining Rights For Music-Driven TV Productions
November 29, 2006
This is Part Two of a two-part interview, coordinated by <i>Entertainment Law & Finance</i> Editor-in-Chief Stan Soocher, with Santa Monica-CA-based entertainment Henry Root. In Part One, Root, who has extensive experience handling legal issues for music-driven television productions, discussed considerations in clearing rights in, and determining fees for, songs and sound recordings used in a production, as well as how option rights for the music are negotiated. Root also began, and continues here, a discussion of the issues to be negotiated for a record label to waive its exclusive right to the services of an artist who will appear in a TV music production. Root also discusses copyrights in artist TV performances, reciprocal rights with record labels, holdbacks on exploitation, and warranties and representations.
