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Drug & Device News
Trade Secrets vs. the Public's Right to Know
As part of its efforts to combat rampant drug abuse, the City of Chicago is suing several opioid-drug manufacturers, claiming that they have engaged in “a scheme to misinform the health care community and consumers about the risks, benefits and superiority of the opium-like painkillers” they manufacture. The City agreed to redaction of part of the complaint and some of the pre-suit investigative materials, at the drug manufacturers' request, the manufacturers asserting that these things included confidential company information. But three news outlets ' The Los Angeles Times, USA Today and The Chicago Tribune ' moved in mid-July to intervene in the lawsuit to unseal the redacted materials. They claim that their First Amendment and common law rights to access to judicial proceedings are being limited by the redactions, and that the public has a right to know what is happening in the case. Named in the lawsuit are pharmaceuticals companies Actavis PLC, Cephalon Inc., Endo Health Solutions Inc., Janssen Pharmaceuticals Inc., Johnson & Johnson, the Purdue Frederick Company Inc., Purdue Pharma Inc., Purdue Pharma L.P., and Teva Pharmaceutical Industries, Ltd.
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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?