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We found 2,760 results for "Product Liability Law & Strategy"...

Conducting Discovery in Japan
August 31, 2012
The unique problem with conducting depositions or requesting production of documents in Japan, however, is that you cannot simply go to Japan and conduct discovery because it could be considered a violation of Japan's judicial sovereignty.
EEOC Recognizes Title VII Cause of Action for Transgender Individuals
August 31, 2012
In a recent unanimous decision, the Equal Employment Opportunity Commission (EEOC) took the dramatic step of extending the protections of Title VII of the Civil Rights Act of 1964 to transgender individuals on the basis of their "transgender" status.
Real Property Law
August 31, 2012
A number of major rulings are analyzed.
First Circuit Raises Troubling Questions
August 30, 2012
The recently published First Circuit opinion in <i>Rosciti v. Insurance Company of the State of Pennsylvania</i>, presents an increasingly common interplay between two somewhat different and often conflicting areas of law &mdash; insurance coverage and bankruptcy.
Med Mal News
August 30, 2012
Two items of interest.
The IP Exclusion: The Elephant in the Room
August 30, 2012
So-called Intellectual Property exclusions in commercial general liability ("GL") insurance policies have received relatively little attention from the courts. However, the ubiquity of new advertising technologies, recent appellate decisions confirming GL "personal and advertising injury" coverage for patent claims, and new claims that policyholders are facing for alleged electronic invasions of privacy may well turn the IP exclusion into the proverbial "elephant in the room.
Pay-for-Delay Contracts
August 30, 2012
The Third Circuit has determined that, when a patent-holding drug manufacturer makes payments to potential generic competitors to keep them out of the marketplace, that fact alone serves as <i>prima facie</i> evidence of violation of U.S. antitrust laws.
The Attorney-Client Privilege
August 30, 2012
Because in-house counsel may be involved in giving advice on many issues that are more business-oriented rather than legal, conversations in which in-house counsel is a participant ' as well as documents addressed to or from in-house counsel ' are readily susceptible to discovery.
Practice Tip: Filing 'Direct' Cases in an MDL
August 30, 2012
Is there any problem with filing your case directly with the MDL court? According to the author, the relative simplification of doing so may bring more problems than it is worth.
Company Representatives and Modern Medical Technology
August 30, 2012
While company representatives can provide technical support for complex devices and keep surgical staff informed about new technology, their presence in operating and procedure rooms is not without controversy.

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  • Risks of “Baseball Arbitration” in Resolving Real Estate Disputes
    “Baseball arbitration” refers to the process used in Major League Baseball in which if an eligible player's representative and the club ownership cannot reach a compensation agreement through negotiation, each party enters a final submission and during a formal hearing each side — player and management — presents its case and then the designated panel of arbitrators chooses one of the salary bids with no other result being allowed. This method has become increasingly popular even beyond the sport of baseball.
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  • Private Equity Valuation: A Significant Decision
    Insiders (and others) in the private equity business are accustomed to seeing a good deal of discussion ' academic and trade ' on the question of the appropriate methods of valuing private equity positions and securities which are otherwise illiquid. An interesting recent decision in the Southern District has been brought to our attention. The case is <i>In Re Allied Capital Corp.</i>, CCH Fed. SEC L. Rep. 92411 (US DC, S.D.N.Y., Apr. 25, 2003). Judge Lynch's decision is well written, the Judge reviewing a motion to dismiss by a business development company, Allied Capital, against a strike suit claiming that Allied's method of valuing its portfolio failed adequately to account for i) conditions at the companies themselves and ii) market conditions. The complaint appears to be, as is often the case, slap dash, content to point out that Allied revalued some of its positions, marking them down for a variety of reasons, and the stock price went down - all this, in the view of plaintiff's counsel, amounting to violations of Rule 10b-5.
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