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

<i>Aereo</i>: The Uncertain Limits of What the Supreme Court Decided
August 02, 2014
On June 25, 2014, a 6-3 majority of the U.S. Supreme Court held that Aereo's streaming service ' which allowed customers to view over-the-air TV broadcasts via the Internet ' violated the broadcasters' public performance right under the Copyright Act. Applying what the dissent derided as "an improvised standard ('looks-like-cable-TV')," the majority held that Aereo infringed copyrights owned by the television networks.
Case Notes
July 02, 2014
An in-depth look at several key rulings.
Drug & Device News
July 02, 2014
Recent news of importance.
Insurer 's Conduct When No Bad Faith Is Pleaded
July 02, 2014
In what has commonly become known as the <I>Koken</I> decision, the Pennsylvania Supreme Court held that the Pennsylvania Insurance Department "does not possess the authority to require mandatory binding arbitration for UM and UIM disputes."
Cyberattacks Push Companies to Specialty Insurance Policies
July 02, 2014
As insurers refine coverage defenses and expand exclusions for cyber events, business will have to turn to specialty cyber policies for protection against data theft or loss.
The Anti-Assignment Override Provisions
July 02, 2014
UCC Sections 9406(d) and 9408(a) are one of the most powerful, yet least understood, sections of the Uniform Commercial Code. On their face, they appear to override anti-assignment provisions in agreements that would limit the grant of a security interest. But do these sections really work?
Employee Departures and Data Loss
July 02, 2014
Recent litigation involving former-employee data loss--and discussion on what to do to avoid this litigation.
<i>Twombly</i> and <i>Iqbal</i> As Applied to Non-Fraud No-Injury Claims
July 02, 2014
This article explores the application by a number of courts of the <I>Twombly</I> and <I>Iqbal</I> standards to no-injury cases involving breach of warranty claims.
Coverage Disputes over Data Breaches
July 02, 2014
Each day, businesses become progressively more dependent on computers and the Internet to gather, store and protect information. But, as sophisticated as this technology may be, it has also proven to be susceptible to breaches, which have time and again resulted in the unauthorized access of confidential information.
Losing Customer Data Means Losing Customers, Period
July 02, 2014
Becoming the next Target can be toxic for companies, particularly those in the finance, health-care and retail sectors, which usually collect and store customers' personally identifiable information (PII).

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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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