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The FDA recently issued a draft guidance document to make "recommendations" and to clarify its position regarding the dissemination of scientific information that discusses unapproved (off-label) uses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.
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.
When Is Equity Value Really Zero?
August 02, 2014
In the past few years, we have seen several of our valuation assignments conclude with "zero value," which is hardly pleasing. Not only is this type of opinion stressful, it also contributes to expert and attorney fees where fee containment may be one of the underlying objectives of the clients.
New Jersey Manufacturers and Punitive Damages
August 02, 2014
The state of New Jersey is home to the headquarters of 17 of the the top 20 drug-producing companies in the world. An incentive for pharmaceuticals manufacturers to move to or stay in New Jersey is surely its business-friendly laws. One such law has been at the center of several litigations nationwide, as New Jersey drug manufacturers try to export to other states the favorable treatment they receive in their home state.
Supreme Court Upholds Lanham Act Claim in Juice Wars
August 02, 2014
Pomegranate juice is the subject of an intense legal battle between POM Wonderful and Coca-Cola Co. In its Lanham Act challenge, POM alleges that Coke's juice product's name, label, marketing and advertising mislead consumers into thinking the product is mostly a pomegranate and blueberry juice when it in fact is mostly apple and grape juice.
Coverage for Communications Costs
August 02, 2014
In complex litigation, public perceptions of the parties and the facts can have a significant effect on the ultimate size of the defendant's liability. For example, an early and compelling public recitation of facts favorable to the defense may dissuade some potential plaintiffs from joining the litigation.
