FTC Proposal Could Dramatically Affect the Patent Landscape
March 01, 2004
After conducting a study on how the U.S. patent system affects competition and innovation, the Federal Trade Commission (FTC) has suggested several legislative and judicial reforms to current U.S. patent law that might change the way we litigate patents. If implemented, these reforms could make it easier to challenge the validity of patents and could provide accused infringers with additional defenses to charges of infringement and willful infringement.
What Leasing Lawyers Should Know About the Rules of Evidence
March 01, 2004
It is an unfortunate consequence of the leasing business that leasing lawyers often become involved in bankruptcy matters. These attorneys, who rarely visit a courtroom, may think they don't need to worry about the rules of evidence. Yet evidentiary rules can provide critical protections. In a typical case or negotiation, lawyers create and circulate tremendous amounts of information ' much of which would be potentially damaging if obtained by other parties. To protect this information, leasing counsel need to be familiar with the rules of evidence and how courts have interpreted these rules. The case law interpreting these rules is not static; rather, it is constantly evolving in ways relevant to counsel who specialize in corporate insolvency. For example, a series of recent cases has explored the boundaries of the attorney-client privilege, examining such questions as, if counsel for a creditors' committee hires a financial expert, is the expert's work protected?
IM: Plenty of Benefits, But Risks Too
March 01, 2004
Like many other businesses, the financial sector has embraced e-commerce as a way of expanding. Today, online banking is fairly common. Many financial institutions offer a variety of products and services for commercial and retail customers. And the finance market is mirroring wider use of all things "e" by taking e-business a step farther with the use of instant messaging (IM) to provide faster customer-inquiry responses. But although IM use often allows them to provide better customer service, it also exposes institutions to a variety of potential risks.
Recognizing and Managing Serial Litigation
March 01, 2004
Among the challenges facing product manufacturers in the 21st century are recognizing and managing the legal threat posed by multiple, individual product liability lawsuits in multiple jurisdictions.
Case Notes
March 01, 2004
Highlights of the latest product liability cases from around the country.
Ten Tips for Traversing the Terrain of Asbestos Bankruptcies
March 01, 2004
Bankruptcy has emerged as a dominant avenue for resolving mass product liability cases and, in particular, asbestos liability cases. Plaintiffs already have filed hundreds of thousands of asbestos claims, with many experts surmising that the peak of asbestos litigation is not yet in sight. Asbestos encompasses a family of naturally occurring fibrous materials that have superior insulation and tensile strength properties. Manufacturers began to exploit the flame-retardant and insulating properties of asbestos in heavy industrial use in the 1940s and incorporated asbestos into as many as 3000 products by the early 1970s, when industrial usage peaked. From automotive applications, such as gaskets and brakes, to home uses, such as roof shingles and attic insulation, the use of asbestos for commercial applications proliferated throughout most of the 20th century and still continues today at a decreased rate. The United States still consumes approximately 16,000 metric tons of asbestos each year.
Online: Web Site Provides Information on Gun Control Issues
March 01, 2004
If you need to research gun control issues, check out The Violence Policy Center (VPC) at <i>www.vpc.org.</i> The VPC, based in Washington, DC, is a national nonprofit educational foundation that conducts research on violence in America and works to develop violence-reduction policies and proposals. The VPC examines the role of firearms in America, conducts research on firearms violence, and explores new ways to decrease firearm-related deaths and injuries. As a gun control think tank, the VPC analyzes a wide range of current firearm issues and provides information to policymakers, journalists, public health professionals, grassroots activists, and members of the general public.
FDA Cannot Force an Over-the-Counter Drug Switch
February 09, 2004
Does the Food and Drug Administration have authority to force manufacturers of prescription drug products to switch those products to over-the-counter (OTC) distribution against their will? The FDA is currently grappling with this issue, a dispute that has generated substantial controversy, including statements by FDA officials and coverage in leading newspapers.
New Pharmaceutical Agreement Notification Filing Requirements
February 09, 2004
As of Jan. 7, 2004, pursuant to Section 1112 of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003, agreements between brand-name and generic pharmaceutical companies regarding the manufacture, marketing, and sale of generic versions of brand-name drug products are required to be filed with the Federal Trade Commission and the U.S. Department of Justice.
