Off-Label Promotion and Product Liability
January 31, 2016
The pharmaceutical industry has recently felt empowered and emboldened by one final court decision and another pending case that would seemingly allow companies to distribute, proactively, information about unapproved uses, i.e. , off-label, so long as the information is truthful and not misleading. However, companies must, nevertheless, consider potential product liability ramifications. There is no indication that, because firms may now be allowed certain latitude in one area, they are immune from product liability exposure.
Court Watch
January 31, 2016
Court Dismisses Franchise Act Claims <br>Court Grants Franchisor's Motion to Compel Arbitration
Trans-Jurisdictional Transactions
January 31, 2016
In this three-part series, we are examining the highly complex dispute resolution issues that companies face when engaging in cross-border transactions. The unique nature of these multi-jurisdictional litigation issues can stymie even the most experienced counsel, and a keen understanding of the laws and issues behind such matters is vital to a successful result.
Public Interest In Rosa Parks Overrides Publicity Right
January 31, 2016
In an opinion that reads like a biography, the U.S. Court of Appeals for the Eleventh Circuit used Rosa Parks' starring role in the civil rights movement to justify ruling against a nonprofit corporation that owns her name and likeness. The appeals court held that the nonprofit cannot pursue a common-law right of publicity case against Target Corp. over the retailer's selling books, movies and a plaque depicting Parks' life.
Does Your Employee Handbook Help or Hurt You?
January 31, 2016
A handbook that was once the foundation of good employment practices may now violate federal law, and nothing has changed except how the General Counsel for the National Labor Relations Board (the GC) interprets the National Labor Relations Act (NLRA).
Texas Can Deny Film Grant over Movie's Content
January 31, 2016
In a ruling certain to disappoint those who want to film B-grade action movies in Texas on the cheap, the U.S. Court of Appeals for the Fifth Circuit decided that the producers of <i>Machete Kills</i> don't have a First Amendment right to an incentive grant from the Texas Film Commission.
