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

Getting It Back: Recovering Transfers That Create Insolvency
August 30, 2012
Over the past few years, several companies have run out of money and been forced to declare bankruptcy within months of completing transactions that depleted their equity value and rendered them insolvent. By understanding the test for determining whether such transactions can be unwound, lenders, recipients and creditors all benefit.
The 'Cat's Paw' Doctrine in the Second Circuit
August 30, 2012
Imputing liability to an employer that relies on input from a biased employee is known as the "cat's paw" theory of liability. Here's how this affects your practice.
Retiree Health Care Issues After the Affordable Care Act
August 30, 2012
Following implementation of the Patient Protection and Affordable Care Act, the funding and providing of promised retiree health benefits has a new series of requirements that must be met by Taft-Hartley retirement plans, employers and plan sponsors.
FCPA: Were the Sting Trials Doomed from the Start?
August 29, 2012
The authors had a front-row seat to the challenges the government faced in the FCPA Sting trials ' they represented a client in the second trial.
Med Mal News
July 31, 2012
An important bill is discussed.
Drug & Device News
July 31, 2012
Several items of interest to the med mal practitioner.
Much Ado About Standards of Review (But Not All That Much About AdWords)
July 30, 2012
While on the surface the <i>Rosetta Stone</i> opinion might seem to be a public rebuke of the merits of Google's AdWords program, on closer scrutiny it is clear that the Fourth Circuit's opinion is more properly read as a reprimand of the district court, which, according to the Fourth Circuit, improperly mixed its standards of review and made a hash of the functionality doctrine in the process.
Michelin Settles Tire Case
July 29, 2012
Two months after a federal judge in Atlanta sanctioned Michelin North America with a finding that one of its tires was defective and unreasonably dangerous, the company has settled with an Alabama man.
Practice Tip: Daubert's 'Fit' Requirement
July 29, 2012
Three circuit courts provide an alternative to thw majority trend and hold that <i>Daubert's</i> "fit" requirement is not satisfied when the disconnect between an expert's data and opinions is too "wide."
The Mensing Preemption
July 29, 2012
The interplay between the Learned Intermediary Doctrine and the <i>Mensing</i> preemption should bar nearly any claim a plaintiff may assert against a generic manufacturer for failure-to-timely-update ...

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    “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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