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Practice Tip: Will the Real Drug Manufacturer Please Stand Up?
You are defending a manufacturer in a pharmaceutical product liability action. The plaintiff has testified that she obtained a prescription from her doctor for your client's medication and filled it at a reputable, national chain pharmacy. The doctor's records confirm that the prescription was written and the pharmacy records confirm that it was filled with your client's product. Normally, that scenario would dispel any doubts concerning the adequacy of product identification and you would identify other fronts on which to defend.
Never judge a book by its cover, or the contents of a bottle of prescription drug medication by its label.
Most Americans believe that our drug supply is secure and that the problem posed by counterfeit drugs only pertains to 'recreational' drugs sold on the street or through fly-by-night Internet sites. But is our supply secure? The problem may be more widespread than most Americans think. The Food and Drug Administration ('FDA') has noted an increase in its investigations of counterfeiting activities. After averaging only five counterfeit investigations per year through the late 1990s, investigations have more than quadrupled to more than 20 per year since 2000, with 30 in 2003 and 58 in 2004. The FDA has reported an 'increased sophistication in the methods used to introduce finished dosage form counterfeits into the otherwise legitimate U.S. drug distribution system.' Combating Counterfeit Drugs, A Report of the Food and Drug Adminis-tration, February 2004, www.fda.gov/oc/
initiatives/counterfeit/report02_04.html. (See 'Looks Can Be Deceiving,' Minsk, Gardner, LJN's Product Liability Law & Strategy, October 2005.)
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Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
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.
Legal Possession: What Does It Mean?
Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.
The Anti-Assignment Override Provisions
UCC Sections 9406(d) and 9408(a) are one of the most powerful, yet least understood, sections of the Uniform Commercial Code. On their face, they appear to override anti-assignment provisions in agreements that would limit the grant of a security interest. But do these sections really work?