Mobile Medical Apps and Product Liability
This article examines the FDA's current approach to mobile medical applications (MMAs) and explores the potential implications for product liability litigation if they malfunction.
Park Doctrine Prosecutions of Corporate Officers Continues: Stay Alert!
Individual corporate officers of pharmaceutical, medical device, food and related companies can be prosecuted for violations of the United States Federal Food, Drug, and Cosmetic Act (FDCA) under the Park Doctrine. Such prosecutions "tip off" plaintiffs' attorneys to possible areas of product liability litigation to bring against a company.
Data Breach Claims
"There are only two types of companies: those that have been hacked and those that will be." ' Federal Bureau of Investigation Director Robert Mueller
Drone Financing Opportunities Emerge As FAA Creates New Drone Regulations
Is financing or leasing drones a flight of fancy or a real business opportunity for lenders and lessors? In this article, we show that, properly structured, opportunities for financing and leasing commercial drones exist today, but will grow rapidly in the foreseeable future for lenders and lessors ("financiers") as the drone industry produces ever more sophisticated equipment and services.
Extracting the 'Consent to Settle': A Game Plan for Insurers and Defense Counsel
Consent-to-settle provisions in medical malpractice insurance policies present challenging issues to insurers, defense attorneys and policyholders in the context of defending professional liability claims. Most liability insurance policies cede the ultimate discretion over settlement decisions to the insurer. Medical malpractice policies are outliers from the norm in the insurance industry.
Tech Advances Have Led to More Traces of Deadly Microbes
A number of recent discoveries are challenging the idea that infectious diseases are sporadic and relatively rare causes of illness and death, and those discoveries are revolutionizing our understanding of the microbial world around us and presage significant changes in the legal landscape.
Enterprise Legal Management
The function of legal departments has shifted from primarily managing legal matters and costs to acting as revenue generators that provide information and analytics valuable to the entire company. This article offers a primer about enterprise legal management (ELM).
A Practical Primer on Enterprise Legal Management
During the past 30 years, corporate legal departments made the move from paper case files, word processing documents, and Excel spreadsheets to what is now the industry standard: enterprise legal management (ELM). This article offers a primer about the primary components of ELM, its cost savings, its benefits, and the relationship between corporate IT and legal departments.
The Progressive Lawyer: Decision-Making and the 'Metaphorical Bias Model'
Across the nation, by far the most common setting for deciding domestic relations cases is the bench trial, where the judge sits alone without a jury except in extraordinary circumstance; cases involving domestic torts, for example. In the final analysis, therefore, our judges are our audience. They are certainly more than a passive audience; they are participants in every sense.
Injured on the Job
Successfully negotiating a monetary settlement in an on-the-job injury, discrimination, harassment, retaliation, wage and hour or other employment-related claim is the responsibility of all parties ' both defense and plaintiff. Here's a look at structured settlements.