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

Lawyers, Food and Money
January 30, 2013
An in-depth look at food litigation.
Open-Source Risk Management Tools
January 30, 2013
This article discusses various risk management tools that in-house counsel can rely on to perform effective open-source due diligence in software acquisitions.
Corporate Criminal Liability
January 29, 2013
While the government is busy holding businesses liable for criminal conduct, skeptics remain critical of its methods.
Cybersecurity Legislation Near
December 27, 2012
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
December 27, 2012
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
December 27, 2012
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
December 27, 2012
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 & Device News
December 27, 2012
A discussion of several key cases.
Drug Marketing to Doctors: Changes May Be On the Way
December 27, 2012
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
December 26, 2012
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.

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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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