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Navigating the FCPA in Healthcare and Life Sciences

It appears that the world of healthcare, pharmaceuticals, and medical devices will continue to figure prominently in FCPA enforcement. Here's why..

The Final Countdown

Regarding the Affordable Care Act, 2014 ushers in the most significant changes to date: the implementation of Health Benefit Exchanges (Exchanges) and employer "shared responsibility" provisions. Here's what you need to know.

'Immediate and Appropriate Corrective Action'

Some employers may not be aware that their obligation to prevent harassment in the workplace extends to preventing harassment by non-employees, including, for example, customers, patients, and university students.

How to Safely Navigate the New I-9 Minefield

Employers must use the latest version of Form I-9 bearing an edition date of March 8, 2013, and those that fail to do so may be subject to penalties enforced by Immigration and Customs Enforcement (ICE). Here's what you need to know.

Verdicts

An in-depth study of ruling of interest.

Drug & Device News

Review of the latest news.

Med Mal News

A look at several recent news items.

Foreseeable Harm to Third Parties Keeps Claim Against Drug Makers Alive

Alabama's Supreme Court in January rendered a potentially far-reaching decision in a case pitting a consumer against drug manufacturers. While its holding applies only to cases brought in Alabama, the court's decision may lead to that state's becoming the preferred forum for certain types of drug litigation:

Informed Consent and Res Ipsa Loquitur

Two concepts that are mainstays of the medical malpractice arena are: 1) lack of informed consent; and 2) <I>res ipsa loquitu</I>r. Some plaintiffs may attempt to pursue these two theories in the same case. Is either of them ripe for dismissal?

The New Estate-Planning Environment

Two recent events have dramatically changed the face of estate planning and each will have a significant impact on divorces for years ' likely decades ' in the future. This article explores each of these two factors.

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When Is a Repair Structural or Nonstructural Under a Commercial Lease?
A common question that commercial landlords and tenants face is which of them is responsible for a repair to the subject premises. These disputes often center on whether the repair is "structural" or "nonstructural."
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Beach Boys Songs Written Decades Ago Triggered Current Quarrel With Lawyers
There's current litigation in the ongoing Beach Boys litigation saga. A lawsuit filed in 2019 against Nevada residents Mike Love and his wife Jacquelyne in the U.S. District Court for the District of Nevada that alleges inaccurate payment by the Loves under the retainer agreement and seeks $84.5 million in damages.
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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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Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
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Recently Introduced Bill Would Limit ITC 'Domestic Industry by Subpoena'
Patent infringement disputes in the United States are not only heard in district courts. The U.S. International Trade Commission (ITC) also decides high-stakes intellectual property disputes — with the remedy for the IP rights holder not being damages, but rather an exclusion order that can block a competitor's importation of infringing articles into the U.S. That remedy can be incredibly powerful for companies engaged in stiff competition in the U.S. market.
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