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

Recovering Transfers That Create Insolvency
September 25, 2012
An important lesson from recent high-profile bankruptcy cases is that secured creditors can no longer make loan decisions based solely on the value of pledged collateral.
Supreme Court Clarifies Meaning of 'Sale' Under the Fair Labor Standards Act
August 31, 2012
The U.S. Supreme Court recently held that pharmaceutical sales representatives, commonly known as "drug reps," are qualified as "outside salesm[e]n" under the FLSA and are, therefore, not subject to the minimum wage and overtime requirements of the Act.
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.

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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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  • A Playbook for Disrupting Traditional CRM
    Here's the playbook for disruption: Take attorneys out of the equation. Stop building CRM that succeeds or fails on their shoulders. We need to shift the focus and, instead, build the technology from the ground up for the professionals who actually use it: marketing and business development.
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