CLOSING MORE BUSINESS
June 27, 2012
CLOSING MORE BUSINESS - We are focused on rapid development. So, for example, if you take a firm that wants to bring in revenue rapidly, we can and do work with them. And we work with groups of people to show them how to bring [business] in first and then to back up and say, "OK, what do we need to do internally to sustain this kind of activity in the future? Are there things…
Off-Label Communications
June 27, 2012
While the FDA has had a long-standing policy of permitting drug, biologics, and medical device companies to respond to unsolicited requests for information about off-label use of their products, there has been significant discussion over what constitutes "unsolicited" in this context.
The Mensing Preemption and the Learned Intermediary Doctrine
June 27, 2012
Few courts have fully or accurately grasped the realities of how physicians receive information about the drugs they prescribe and, correspondingly, how the learned intermediary doctrine should affect the <i>Mensing</i> preemption analysis.
Can Employers Sue Employees Under the CFFA?
June 26, 2012
Several decisions issued by federal Courts of Appeal in the past few years suggest that the Computer Fraud and Abuse Act is a truly viable option for employers aggrieved by employee data theft. This article focuses on this group of cases.
TOUSA Case Takes Another Twist
June 26, 2012
The closely watched TOUSA, Inc. case took another twist on May 15, when the Eleventh Circuit Court of Appeals reversed the decision of the United States District Court for the Southern District of Florida and reinstated the bankruptcy court opinion in its entirety. The decision reinforces the level of diligence and care that lenders must undertake in cases involving borrower subsidiaries, especially with respect to upstream loan transactions.
A Special Event Taking Over Your City?
June 26, 2012
Corporate counsel increasingly have a role to play in helping their corporations plan for the unusual. Some of the issues being faced in London this year are illustrative of those issues others will face when planning around future major events.
Quarterly State Compliance Review
June 26, 2012
This edition of the Quarterly State Compliance Review looks at some legislation of interest to corporate lawyers that went into effect between May 1 and July 1, 2012, as well as some recent cases of interest. It includes two rulings from Delaware's courts, and decisions from California and New York on whether corporate officers may sue for wrongful termination.
In the Marketplace
June 26, 2012
Highlights of the latest equipment leasing news from around the country.