Practice Tip: Failure-to-Warn in Toxic Product Cases ' Proceed with Caution
March 29, 2006
All product liability cases are difficult; however, a toxic product case (one which involves a substance that has caused injury during its use or application) poses more of a problem than most others. For example, some spray paints may contain toxic substances that are part of the product's composition. Therefore, the product does not have a manufacturing or design defect, but may require special warnings. The warnings on such products may be covered by the Federal Hazardous Substances Act ('FHSA'), which requires hazardous household products sold in interstate commerce to contain cautionary labeling. 15 USCA 1261. (A 'hazardous substance' is toxic, an irritant, or a strong sensitizer if the substance may cause substantial personal injury or illness as a result of any reasonably foreseeable use.)
FDA's New Labeling Rule Asserts Federal Pre-emption of State Product Liability Claims
March 29, 2006
On Jan. 18, 2006, the U.S. Food and Drug Administration ('FDA') issued a final rule to revise the required format of prescription drug labels so as to enable physicians to find the information they need more readily. New features include a section called 'Highlights' and a Table of Contents. According to the FDA's press release, this is the first time in 25 years that the labeling requirements have undergone a major revision.
How to Avoid Regulatory Sting
March 29, 2006
As this article is being written, Visa USA is set to announce newly updated information security guidelines that cover all merchants, member banks, service providers and software vendors (who build, for example, point-of-sale and e-commerce applications) ' and those who process, transmit, or store credit or payment card data. The standards will also be accepted and endorsed by MasterCard, Discover, Diners, JCB and American Express. The newly revised standards resolve differences in how the industry has been evaluating security compliance and in doing so, support on-going efforts for combating fraud, which Visa estimates has now dropped to a historic low of five cents on every one-hundred dollars of transaction volume. Fail to comply with the new standard and suffer a breach, and a member organization could be facing fines of up to $500,000 from Visa.
Internet Disclosures Can Cost Your Company
March 29, 2006
As the Internet opens pathways to doing business that could scarcely be imagined a decade ago, it also presents increasing dangers to public companies in the form of new liability risks. The instantaneous nature of the Internet can be both boon and bane to companies seeking to harness it to provide information to, and create goodwill with, shareholders. Not only can information be disseminated over the Net in a fraction of a second for worldwide viewing, but it has become a predominant source of investment news. Financial updates, product developments, information tidbits, even rumors ' all are now posted 24/7 on the Web for consumption by anyone, including investors who are poised to take advantage of the latest intelligence.
Electronic Discovery Year in Review: Where We've Been, Where We are Going
March 28, 2006
Last year was explosive for the electronic discovery industry. From enormous jury verdicts to proposed changes in the federal rules, the legal and business landscape for e-discovery has never been more in flux. While more e-discovery vendors have entered the market this year, mergers have also consolidated the industry like never before. Meanwhile, case law continues to grow to include not just the very well publicized sanctions cases, but also opinions that have honed in on some of the technical challenges of e-discovery.
Implementing Best Practices Before and After a Security Breach Can Mitigate Corporate Risk
March 20, 2006
Victims of personal data security breaches are showing their displeasure by terminating relationships with the companies that maintained their data. A 'National Survey on Data Security Breach Notification,' released Sept. 26, 2005 by privacy think tank Ponemon Institute and sponsored by White & Case, indicates that 19% of Americans who have received notification that their personal data had been compromised due to a breach have terminated or plan to terminate their relationship with the company where the security breach occurred. Another 40% say that they are considering whether to take their business elsewhere as a result of the breach, and a whopping 58% say that the incident has decreased their trust and confidence in the company. Percentages set forth in this article are based on the total number of survey respondents who reported receiving a breach notification.
Court Watch
March 01, 2006
Highlights of the latest franchising cases from around the country.
Practice Tip: Suing Experts in Product Liability Cases
February 28, 2006
It is not pleasant to contemplate suing an expert hired to testify for your client. Nevertheless, an attorney's cautious and prudent behavior may be enhanced and professional anguish minimized by frank consideration of the unpleasant possibilities.
