Corporate Criminal Liability
While the government is busy holding businesses liable for criminal conduct, skeptics remain critical of its methods.
Cybersecurity Legislation Near
On Nov. 15, the U.S. Senate declined to approve S. 3414, the Cybersecurity Act of 2012. The proposed legislation would have set voluntary cybersecurity standards for owners of the nation's critical infrastructure, such as gas pipelines, utilities and banks. In the absence of cybersecurity legislation, the Obama administration now is considering taking action through an executive order.
Applying Patent Teachings in Product Liability Cases
In a product liability design defect action, evidence establishing the defectiveness of a product is paramount to a plaintiff's case. Conducting a patent search and an investigation of the state of the patent art may yield fruitful evidence regarding the defect or relative safety of the product at issue in a product liability action. But first some background to set the environment for how patents become patents.
International Cooperation in the Regulation of Nanotechnology
This article provides a broad overview of the general approach taken by major countries in the field of nanotechnology. It also describes steps taken in international cooperation in this area and suggests possible areas of international regulatory convergence.
Asbestos Payments Per Resolved Claim Increased 75% in the Past Year
An annual review of asbestos-related liabilities reported in companies' SEC filings, reveals that from 2010 to 2011, average payments per resolved claim increased 75%. Further review of the underlying data suggests that this increase in payments per claim is not due to a significant upward trend in asbestos liabilities. Instead, this increase can be explained by a change in the claim disease mix.
Drug Marketing to Doctors: Changes May Be On the Way
The cornerstone of many FDA enforcement actions against pharmaceuticals manufacturers in recent years has been the charge that they have "misbranded" their pharmaceutical products by promoting them for uses not approved by the FDA. Now, the Second Circuit has thrown the concept of criminal liability for misbranding by means of off-label-use promotion into turmoil.
Insurance Coverage for Data Breach Claims
This article examines insurance coverage for data breaches. Counsel may be surprised to learn that coverage for data breaches is not limited to specialty policies, and can often be found under standard CGL or property insurance policies. Any time a potential data breach occurs, it is essential for an insured to consider all forms of insurance that it carries and to provide prompt notice to its insurer(s) of any policy that even potentially could apply.
Drug Misbranding Redefined
The U.S. Court of Appeals for the Second Circuit has thrown the concept of criminal liability for misbranding by means of off-label-use promotion into turmoil in <i>United States v. Caronia.</i>