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We found 2,770 results for "Product Liability Law & Strategy"...

Ending the Myth That Branded Drug Companies Cannot Benefit from Preemption
February 29, 2016
A myth has surfaced over the past few years that federal drug law preempts product liability suits against generic drug companies, but not brand-name manufacturers. This myth stems from an over-simplification of three U.S. Supreme Court cases. .
Mobile Medical Apps and Product Liability
February 29, 2016
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!
February 29, 2016
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
February 29, 2016
"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
February 29, 2016
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
February 29, 2016
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
February 29, 2016
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
February 29, 2016
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
February 29, 2016
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'
February 29, 2016
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.

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  • Understanding the Potential Pitfalls Arising From Participation in Standards Bodies
    Chances are that if your company is involved in research and development of new technology there is a standards setting organization exploring the potential standardization of such technology. While there are clear benefits to participation in standards organizations — keeping abreast of industry developments, targeting product development toward standard compliant products, steering research and intellectual property protection into potential areas of future standardization — such participation does not come without certain risks. Whether you are in-house counsel or outside counsel, you may be called upon to advise participants in standard-setting bodies about intellectual property issues or to participate yourself. You may also be asked to review patent policy of the standard-setting body that sets forth the disclosure and notification requirements with respect to patents for that organization. Here are some potential patent pitfalls that can catch the unwary off-guard.
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