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Med Mal News
News from around the country.
Drug & Device News
Recent news and rulings of interest.
Changing Demographics, The EEOC, and National Origin Discrimination
The EEOC has included "Protecting Immigrant, Migrant and Other Vulnerable Workers" as a priority. Here's what you need to know.
Ex Parte Communication with a Physician
Learning and following each state's local requirements for ex parte contact is key in order to avoid legal and ethical issues in the future.
Fifty Years Later: A New Wave of Thalidomide Litigation
The scourge of birth defects from Thalidomide in the 1950s and 1960s remains one of the worst pharmaceutical disasters ever. And now there's a wave of new litigation.
Judicial Scrutiny of 'Other Insurance' Clauses
In this article, the authors contrast the so-called minority approach to differing "other insurance" clauses with the approach generally described as the majority rule.
Moving the Sales Process Along (Frank Mims V.)
Don't you just hate it when you know you have done everything correctly in the selling process and the customer is stalling? When the process is stalled several things are occurring with the prospect and with you.
Is Your Firm GPS-Less?
To avoid random acts of marketing and senseless spending, law firms, large and small, should develop and implement a solid marketing plan and budget as essential business planning tools -- a map to assure they arrive at their desired destination of profitable clients and a healthy practice.
Is Your Firm GPS-Less?
To avoid random acts of marketing and senseless spending, law firms, large and small, should develop and implement a solid marketing plan and budget as essential business planning tools -- a map to assure they arrive at their desired destination of profitable clients and a healthy practice.
Relearning the Learned Intermediary Doctrine
In typical product liability cases, the manufacturer owes a duty to the eventual consumer to warn of any risks associated with the product. However, in the context of prescription drug cases, courts have recognized that the prescribing doctors, and not their patients, are in the best position to weigh the risks and benefits of a given drug for a particular patient.

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    Responding to views from the U.S. Patent and Trademark Office and elsewhere about the unintended consequences of the current inequitable conduct doctrine, a divided <i>en banc</i> Federal Circuit decision issued on May 25, 2011 adjusted the standard of the materiality element to make this defense harder to establish.
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