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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?

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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The Availability of Self-Help Evictions to Commercial Landlords
A landlord may re-enter leased commercial premises peaceably, without resorting to court process, in those states where it is permitted, if the right to do so is expressly reserved in a commercial lease, either a) upon the tenant's defaulting on the payment of rent or other lease terms, or b) upon termination of the lease or the tenant's abandoning the premises.
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Supreme Court Rules Rejection of Trademark License Does Not Rescind Rights of Licensee
Mission Product Holdings, Inc. v. Tempnology, LLC The question is whether a debtor's rejection of its agreement granting a license "terminates rights of the licensee that would survive the licensor's breach under applicable nonbankruptcy law."
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Bankruptcy Court Cannot Surcharge Credit Bidding Asset Buyer with Expenses of Sale
Explaining that the "bankruptcy court had no jurisdiction to take such action," the Fifth Circuit also vacated the district's court's improper ruling that the bankruptcy judge could enter a personal judgment against the asset buyer.
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Second Circuit Rejects Arbitration of Debtor's Asserted Discharge Violation
A bankruptcy court properly denied a bank's motion to compel arbitration of a debtor's asserted violation of the court's discharge injunction, the U.S. Court of Appeals for the Second Circuit held.
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The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
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