News Briefs
July 28, 2005
Highlights of the latest franchising news from around the country.
Court Watch
July 28, 2005
Highlights of the latest franchising cases from around the country.
Oldsmobile Dealers, GM Remain at Odds
July 28, 2005
Some Oldsmobile franchisee-dealers remain dissatisfied with the financial settlements offered by General Motors Corp. ("GM") as compensation for GM's decision in December 2000 to phase out its Oldsmobile product line. Of the approximately 2800 Oldsmobile dealers who were operating when GM announced its phase out, fewer than 100 have not come to an agreement with GM, according to the automaker. Although numerous lawsuits have been filed in the past 2 1/2 years and some remain active, none have gone to trial so far.
Liability of U.S. Companies for Alleged Bribery By Foreign Subsidiaries
July 28, 2005
The Foreign Corrupt Practices Act (FCPA) provides two avenues by which a U.S. concern can be prosecuted for improper payments to foreign officials: the anti-bribery provisions, and the books-and-records and internal-control provisions. Somewhat unclear, however, is the kind of involvement in a foreign subsidiary a U.S. parent must have such that it might be exposed to criminal or civil enforcement. This article explores liability for misconduct of foreign subsidiaries and what preventive measures a parent can take.
Drug and Medical Device Manufacturers
July 28, 2005
Following a guilty plea last year by a major pharmaceutical company, Associate Attorney General Robert McCallum declared that "[t]he Department of Justice is committed to rooting out and prosecuting health care fraud. It is of paramount importance that the Department use every legal tool at its disposal to assure the health and safety of the consumers of America's health care system." The tools -- the variety of different criminal statutes and theories used to prosecute drug and device manufacturers -- are so diverse as to defy easy summary.
In the Courts
July 28, 2005
Recent rulings of interest to you and your practice.
What to Do When an Audit Committee Complaint Arrives
July 28, 2005
Much attention has been paid to the requirements of the Sarbanes-Oxley Act (SOX) and the stock exchanges and Nasdaq that issuers establish procedures under which their audit committees can receive complaints, including anonymous complaints. Various service providers now offer issuers solutions in this area, including procedures to submit complaints through hotlines and e-mail addresses maintained by the service providers. But none of the Sarbanes-Oxley Act, the rules or the extensive commentary about establishing complaint procedures addresses what the audit committee is required to do with a complaint when one is received. This article briefly discusses some considerations in dealing with such a complaint.
Defending the Pediatric Traumatic Brain Injury Case
July 28, 2005
Every year, millions of Americans, including some children, suffer non-penetrating, or closed, head injuries. When lawsuits result, they involve complex medical, academic, and legal issues. When the plaintiff is a child, the defense attorney faces numerous additional challenges in defending the matter. Certain discovery tools are necessary to simplify and defend the pediatric traumatic brain injury (TBI) lawsuit. These tools, although also used in traditional personal injury cases, take on added significance because of the age of the plaintiff and the nature of the injury.
Should We All Move to Canada?
July 28, 2005
The high cost of prescription medications in the United States has been troubling health care providers and their patients for years. Physicians worry that it will do no good to prescribe a medication to someone who won't be able to afford to buy it, and patients who try to save money by taking less than the prescribed dose worry that that they're putting their health in danger. Any failed medical treatment that harms a patient is fertile ground for a lawsuit against the physician, even if he or she is not the one to blame. Should medical practitioners suggest imported drugs to their patients who might otherwise not be able to afford their prescribed medications?
