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

e-Discovery 3.0: Preparing for a New Era of Forensic Collections
May 02, 2013
When a corporation involved in a high-profile lawsuit last year wanted to find an incriminating text message that a former employee intentionally deleted from his mobile phone, its legal team did not conduct a nationwide manhunt for the sender's device or subpoena his wireless carrier. In the modern era of high-tech litigation, the company's forensic specialists simply used the UFED Touch Ultimate data extraction, decoding and analysis tool from Israel-based Cellebrite Ltd.
Tax Planning for Nonresident Alien Artists
April 30, 2013
The independent contractor nonresident alien (NRA) who has a high level of U.S. tax-related operating expenses may wish to consider the feasibility of obtaining a Central Withholding Agreement (CWA) or otherwise be saddled with 30% tax withholding on his or her gross fees.
Presto Change-Oops: Unexpected Challenges in Converting a Lease into an Equipment Finance Agreement
April 29, 2013
As many practitioners have found, taking a client's standard-form equipment lease and creating an equipment finance agreement is more complicated than it appears.
Insurance Coverage for Cyber Attacks
April 29, 2013
Companies should carefully examine their insurance programs, evaluate what coverage already may be available, and see what may be done to enhance the available coverage. To the extent that there may be gaps in available coverage, companies should consider how those gaps can be filled, including through specialty "cyber" risk policies.
Case Notes
April 29, 2013
Analysis of two key rulings.
Practice Tip: How to Mediate a Product Liability Case
April 29, 2013
Mediation is a common feature of product liability practice. If done well, it earns you favor with your clients. But before entering into mediation, preparation is crucial.
I'll See You in the Agency!
April 29, 2013
This article briefly explores the underpinnings of the primary jurisdiction doctrine, highlights its use in product cases in 2012 and 2013, and considers the role primary jurisdiction may play in future consumer class action litigation and beyond.
Coverage for 'Diminution in Value' in Commercial Property Insurance Policies
April 29, 2013
Few courts have considered the issue of whether post-repair diminution in value damages are recoverable under a commercial property policy.
Evidence-Based Medicine in the Courtroom
April 29, 2013
The time has come for medical malpractice expert causation testimony to fall in line with that employed in toxic tort cases, rightfully valuing proven scientific conclusions over experience-based expert opinion.
The Federal Prosecutor As Regulator
April 26, 2013
In the heavily regulated health care sector, the line between human error and a knowing "false claim" can be indistinct, aided and abetted by prosecutors' reliance on the FCA-defined concepts of "reckless disregard" and "deliberate ignorance" as proxies for proof of actual knowledge.

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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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