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

Practice Tip: Maintaining Privilege with Consultants
October 02, 2014
If you are outside counsel, once you know what legal standards apply to claims of attorney-client privilege between a company's general counsel and outside consultants, the next step is maintaining that privilege.
Failure to Diagnose
September 02, 2014
The "bread and butter" of medical malpractice litigation is the failure to diagnose a case. Failure to diagnose is also, perhaps, the most controversial type of malpractice claim. Here's why.
Avoiding FCPA Liability by Tightening Internal Controls
September 02, 2014
Tightening up internal controls and putting in place an effective compliance program are crucial for lessening or even eliminating FCPA exposure -- and subsequent huge fines. The primary elements of an effective compliance program are discussed in this article.
New Jersey Manufacturers and Punitive Damages
September 02, 2014
As discussed in Part One of this article, New Jersey's Products Liability Act (Defective Product) prevents injured plaintiffs seeking compensation from drug and device manufacturers from being awarded punitive damages. While New Jersey courts are bound by the statute's manufacturer protections, courts located in other jurisdictions have given the law mixed levels of respect.
The Calm Before The Storm Is the Time to Consider Insurance Coverage
September 02, 2014
An overview of two common insurance-related considerations that may assist companies to maximize insurance recoveries in the wake of the next major storm event or other natural disaster.
In the News
September 02, 2014
Fed. Circ. Reverses Denial Of Motion To Stay Post-Grant Review of Covered Business Method Patent<br>Fed. Circ. Vacates Injunction and Civil Contempt Sanction after USPTO Cancels Claim At Issue<br>Fed. Circ. Finds Potential Antitrust Violations by Patent Owner in ANDA Case
Bitcoin and Technology Challenges in Criminal Law
September 02, 2014
Online technology presents numerous challenges to attorneys during litigation, while managing their firms and marketing their services, and in trying to keep up with the newest legal developments and rulings. A recent decision in a case of first impression by the U.S. District Court for the Southern District of New York highlights how online technology also presents challenges in criminal law enforcement.
Unraveling Plain Meaning, Extrinsic Evidence And the Doctrine of Contra Proferentem
September 02, 2014
As anyone involved with insurance coverage litigation knows, "<I>contra proferentem</I>" is a rule of contract interpretation that requires an ambiguous contract term to be construed against the drafter of the contract. That the doctrine is also called the "contra insurer" rule speaks to the fact that, when interpreting insurance policies, courts sometimes forget that general rules of contract construction still apply.
Finding a Chief Strategy Officer
September 02, 2014
Just as chief marketing and business development officers came to the fore following the recession, "chief strategy officers" are making their way to the managing partner's cabinet.
Drug & Device News
September 02, 2014
In-depth discussion of a recent case involving pelvic mesh.

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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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