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Features
The U.S. Court of Appeals for the Eighth Circuit recently held that "failure to warn" claims brought against generic manufacturers of Reglan' (a prescription drug used to treat certain gastric disorders) were not preempted by federal law and could, therefore, proceed to discovery.
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The first part of this article discussed the background of REMS (Risk Evaluation and Mitigation Strategies) and provided a summary of the Draft Guidance. The conclusion herein explains the second part of the procedure, including proposed modifications and communicating with the FDA.
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MUSIC ROYALTY CLAIMS/MOTION TO RENEW<br>FILM, TV RIGHTS GRANTS/LICENSOR'S COMPENSATION
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Cases involving family name disputes have historically presented challenges for courts, as they frequently require balancing competing interests of businesses and individuals. A particularly interesting permutation of such disputes involves well-known individuals who convey certain rights in their family name in a particular field to a third party and then later seek to re-enter the same field. A trio of recent decisions on this subject features the famous clothing designer, Joseph Abboud.
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Because in-house counsel are increasingly popular targets when claims are brought against their employers, their insurance protection becomes especially important. This article discusses some of the types of insurance policies available to companies that may provide coverage to company lawyers, including Errors and Omissions, Directors and Officers, and Employed Lawyers Professional Liability insurance.
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As a marketer, know that if your employees post a blog comment, or an entry on Facebook or Twitter about your company or its products, a number of questions are raised. Is your company responsible for what is said?
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There are a few judicial decisions indicating the likely issues on which a coverage dispute will focus when a claim for a data breach is made under a CGL policy.
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Pregnancy discrimination complaints are steadily on the rise, necessitating a renewed focus by employers on ensuring compliance with pregnancy discrimination laws.
Features
The two-part article, titled 'Braving Tempestuous Times ' Hell-or-High-Water Obligations Maintain Their Viability Despite Leasing Scams and a Troubled Economy,' which appeared in the February and March 2010 editions of this newsletter, discussed several recent court decisions that ruled on the enforceability of hell-or-high-water obligations and waiver-of-defenses provisions in leases and accounts receivable financings. This article provides further elaboration of issues raised by two of these cases.