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We found 2,772 results for "Product Liability Law & Strategy"...

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.
Verdicts
September 02, 2014
Analysis of key cases.
Practice Tip: Calculating Structured Judgments
September 02, 2014
It is of great importance for a trial lawyer to understand the mechanics of a periodically paid or structured judgment if s/he is trying a case in a jurisdiction in which such judgment will be entered. Otherwise, the trial lawyer may be rejecting offers that, at first glance, appear to be much lower than verdict value but may, in fact, be equal to or higher than a verdict.
Collecting Social Security Numbers
September 02, 2014
This article suggests a framework for ensuring compliance with the majority (albeit not all) of the applicable state laws and avoiding the financial, legal and reputational damage that can occur when SSNs are improperly collected, used or disclosed.
Proof and Defense of Causation in Failure-to-Warn Claims
September 02, 2014
In litigating failure-to-warn claims, the focus often is on duty (whether the manufacturer should have included a warning) and adequacy issues. In most cases, there is little attention paid to proof that the lack of a warning, or an inadequate warning, caused the accident. This article focuses on strategies for proving and defending the causation element of failure-to-warn.
Collecting Social Security Numbers
September 02, 2014
In the first half of 2014, at least 96 significant data breaches were reported, compromising more than 2.2 million records. Of these breaches, at least 46 involved records that may have contained Social Security Numbers (SSNs). What the affected businesses may not know is that the mere collection of SSNs may have put them in violation of state laws, in addition to the liability they may now face for having failed to protect the SSN information.
Practice Tip: FDA's Allowance of Off-Label Information
August 02, 2014
The FDA recently issued a draft guidance document to make "recommendations" and to clarify its position regarding the dissemination of scientific information that discusses unapproved (off-label) uses of approved products. Here's what you need to know.
Ethics of Settlement: Restricting Plaintiff's Counsel from Representing Future Claimants
August 02, 2014
Rules of professional conduct of all 50 states include an express prohibition against a lawyer participating in making ' or even offering ' an agreement in which restriction on a lawyer's right to practice law is part of the settlement of a client controversy. A look at a hypothetical case.
Is It a 'Cyberattack' or a 'Data-Breach Incident'?
August 02, 2014
This article goes beyond the nuts and bolts of how to respond to a data-breach incident, and offers some lessons learned from the frontlines of the cybersecurity war to help companies successfully navigate the legal and public-relations minefield that ensues.

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  • Surveys in Patent Infringement Litigation: The Next Frontier
    Most experienced intellectual property attorneys understand the significant role surveys play in trademark infringement and other Lanham Act cases, but relatively few are likely to have considered the use of such research in patent infringement matters. That could soon change in light of the recent admission of a survey into evidence in <i>Applera Corporation, et al. v. MJ Research, Inc., et al.</i>, No. 3:98cv1201 (D. Conn. Aug. 26, 2005). The survey evidence, which showed that 96% of the defendant's customers used its products to perform a patented process, was admitted as evidence in support of a claim of inducement to infringe. The court admitted the survey into evidence over various objections by the defendant, who had argued that the inducement claim could not be proven without the survey.
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  • In the Spotlight
    On May 9, 2003, the U.S. Attorney's Office for the District of Massachusetts announced that Bayer Corporation, the pharmaceutical manufacturer, had been sentenced and ordered to pay a criminal fine of $5,590,800 stemming from its earlier plea of guilty to violating the Federal Prescription Drug Marketing Act by failing to list with the FDA its drug product, Cipro, that was privately labeled for an HMO. Such listing is required under the federal Food, Drug &amp; Cosmetic Act. The Federal Prescription Drug Marketing Act, Pub. L. 100-293, enacted on April 22, 1988, as modified on August 26, 1992 by the Prescription Drug Amendments (PDA) Pub. L. 102-353, 106 Stat. 941, amended sections 301, 303, 503, and 801 of the Federal Food, Drug, and Cosmetic Act, codified at 21 U.S.C. '' 331, 333, 353, 381, to establish requirements for distributing prescription drug samples.
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