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

An Analysis of the DOJ and SEC's Long-Awaited New FCPA Guidance
December 26, 2012
This article discusses some of the more significant issues that were addressed as well as the ones that were not addressed in as much detail as was hoped.
Drug Misbranding Redefined
December 26, 2012
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>
'Buckyballs' Lawsuit May Limit Use of Celebrity Name
December 21, 2012
Advertisers and marketers should watch <i>The Estate of Buckminster Fuller v. Maxfield &amp; Oberton Holdings, LLC</i> closely to see what limits may exist on their use of a name that has ties to a celebrity as well as a separate object.
Key Insurance Coverage Considerations in the Wake of Superstorm Sandy
December 11, 2012
Businesses that have suffered losses because of Superstorm Sandy may have substantial financial protection through their insurance policies. This article provides the ABC's of maximizing coverage.
Undoing Pliva Inc. v. Mensing
November 29, 2012
This article examines the relationship between <i>Pliva</i> and the Patient Safety and Generic Labeling Improvement Act, and discusses the potential ramifications for generic drug manufacturers should the Act be signed into law.
Expert Valuation Reports
November 29, 2012
As discussed last month, there are various reasons why valuation services are employed, including litigation, transactions, compliance-oriented and planning-oriented engagements. The discussion continues herein.
Case Notes
November 28, 2012
Analysis of a recent First Circuit decision.
Practice Tip: Product Liability Considerations of Nanomaterials
November 28, 2012
The proliferation of nanomaterials, along with a near-absence of clear science and controlling regulations, raises important liability concerns.
Kiobel and the Future of Environmental and Product Liability Litigation Under the Alien Tort Statute
November 28, 2012
Companies should be aware of the potential impact that the Supreme Court's decision in <i>Kiobel</i> could have on litigation risks, both here and outside of the United States.
Franchisor-Supplier Relationships
November 27, 2012
It appears that many franchisors have no formal long-term or, for that matter, short-term agreements with their suppliers. Is this an unhealthy move by these franchisors?

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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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