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We found 2,760 results for "Product Liability Law & Strategy"...

It's Time for a Data Protection Checkup
September 02, 2015
This article is part of a series based on the BakerHostetler Data Security Incident Response Report. It focuses on developing and maintaining an information governance (IG) program. Look for further installments in future issues.
Strict Liability Claims for Prescription Medical Products
September 02, 2015
On July 16 of this year, decisions by two federal judges once again spoke to the Pennsylvania Supreme Court's silence on a fundamental issue of tort law applicable to prescription medical product liability claims in the Commonwealth.
Understanding and Avoiding Health Care Fraud Enforcement
August 02, 2015
In March 2015, the DOJ and HHS released their annual joint report to Congress on the Health Care Fraud and Abuse Control Program (HCFAC) detailing monetary recoveries, return on investment and enforcement actions for fiscal year (FY) 2014, which ended on Sept. 30, 2014. Herein is a discussion of the report.
Health Care Fraud Enforcement
August 02, 2015
In March 2015, the DOJ and HHS)released their annual joint report to Congress on the Health Care Fraud and Abuse Control Program (HCFAC) detailing monetary recoveries, return on investment and enforcement actions for fiscal year (FY) 2014, which ended on Sept. 30, 2014. This article discusses that report.
<b><i>Practice Tip: </i></b> Fighting to Win: A General Counsel's Perspective on Retaining Outside Counsel
August 02, 2015
The Northern District of California is dubbed the "Food Court" for the hundreds of false-advertising, food-labeling class actions filed there in recent years, now averaging one per week. These lawsuits are brought on behalf of consumers who allege that buyers of various food and beverage products are harmed because they consume products with labels promoting specific attributes or claims such as "better for you" or "all natural."
Data Sharing in the Cloud
August 02, 2015
Storing and sharing data "in the cloud" has become, in many instances, a business necessity. The practical and economic advantages of cloud computing are clear ' it eliminates the need to send client data via traditional, costly methods, and is significantly less expensive than building and maintaining the same data storage capacity in-house.
Underground Storage Tanks
August 02, 2015
There are over a half-million underground storage tanks in the U.S. containing petroleum or other substances that are subject to federal regulation. This is in addition to the countless underground and above-ground tanks storing heating oil or other substances that are not subject to federal oversight. This article presents a regulatory overview and discusses coverage issues.
<b><i>Online Extra:</b></i> The Key to Trying a Product Liability Case Effectively: Listening Well
August 02, 2015
In preparing for trial, it is natural to focus on what you will say when you address the judge or jury, and when you question witnesses. While it is important to say the right things in the right way at the right time, it is equally or more important to listen attentively to the judge, jurors, lawyers, witnesses and others in the courtroom.
Case Notes
August 02, 2015
Discussion of a recent ruling from Massachusetts.
The Difference in Due Diligence for Franchisors
August 02, 2015
In any business purchase, investment, merger or acquisition, several threshold questions come to mind. What assets are being acquired? Where is the value in the target company? What liabilities are being acquired? How should these be valued for pricing and future growth? What will the acquirer do with the target company? How far can management take the new target?

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  • Private Equity Valuation: A Significant Decision
    Insiders (and others) in the private equity business are accustomed to seeing a good deal of discussion ' academic and trade ' on the question of the appropriate methods of valuing private equity positions and securities which are otherwise illiquid. An interesting recent decision in the Southern District has been brought to our attention. The case is <i>In Re Allied Capital Corp.</i>, CCH Fed. SEC L. Rep. 92411 (US DC, S.D.N.Y., Apr. 25, 2003). Judge Lynch's decision is well written, the Judge reviewing a motion to dismiss by a business development company, Allied Capital, against a strike suit claiming that Allied's method of valuing its portfolio failed adequately to account for i) conditions at the companies themselves and ii) market conditions. The complaint appears to be, as is often the case, slap dash, content to point out that Allied revalued some of its positions, marking them down for a variety of reasons, and the stock price went down - all this, in the view of plaintiff's counsel, amounting to violations of Rule 10b-5.
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  • Meet the Lawyer Working on Inclusion Rider Language
    At the Oscars in March, Best Actress winner Frances McDormand made “inclusion rider” go viral. But Kalpana Kotagal, a partner at Cohen Milstein Sellers &amp; Toll had already worked for months to write the language for such provisions. Kotagal was developing legal language for contract provisions that Hollywood's elite could use to require studios and other partners to employ diverse workers on set.
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