Exclusion of Evidence: The FDA's 510K Process
December 01, 2017
In a drug or medical device injury case, one of the defense's most potent arguments often is that the product in question underwent FDA approval. But when a device is approved for sale to the public through the FDA's 510(k) process, the rigorous safety and efficacy analysis required of new and unique medical devices has not been undertaken.
Criminal Probe of Weinstein Role in amfAR Monies
December 01, 2017
The U.S. Attorney's Office for the Southern District of New York is conducting a criminal investigation into transactions connected to The Foundation for AIDS Research (amfAR) that were arranged by embattled film producer Harvey Weinstein, <i>The New York Times</i> reported. The transactions involved $600,000 raised at a May 2015 auction in Cannes on the French Riviera from a pair of fundraising packages arranged by Weinstein.
All Digital Assets Are Not Legally Equal
November 02, 2017
The Internet has generated a new set of assets known as "digital assets." Broadly defined, a digital asset is an electronic record in which an individual has a right or interest. This definition erroneously implies that digital assets should be treated as a legally equivalent set of assets when, in fact, failure to differentiate digital assets into one of three distinct classes will result in legal difficulties.
Fantasy Sports Dispute Results in New Views On Exceptions to Rights of Publicity
November 02, 2017
The big news in the fantasy sports arena this past summer was the announcement that competitors FanDuel and DraftKings, which make up more than 90% of the online market, would end their merger bid following the Federal Trade Commission's filing of an antitrust lawsuit against the companies. Now, there's good news for FanDuel and DraftKings on a different front, involving the use of athletes' personality components.
NAFTA Renegotiation: Fourth Round
November 02, 2017
<b><i>Difficulty Making Headway on Thorny Issues</i></b><p>As the fourth round of the renegotiation of the North American Free Trade Agreement (NAFTA) with Canada and Mexico drew to a close on Oct.17, the parties opted to push back the starting date of the fifth round until mid-November to allow the negotiators more time to work on the most controversial issues that remain to be addressed. This article explains the issues.
Increased Scrutiny for <i>Cy Pres</i> Provisions in Class Action Settlements
November 02, 2017
Lawsuits against pharmaceutical and medical device manufacturers often come in the form of class actions, and sometimes the settlement or award amount exceeds the identified class members' claim amounts. In such cases, the excess funds may be distributed to a <i>cy pres</i> recipient, but courts are starting to question such moves more thoroughly.
Adult Use Zoning in New York
November 02, 2017
New York City's 2001 ordinance regulating adult uses has been the subject of litigation for more than 15 years. In September, the Court of Appeals put an apparent end to the litigation by denying reargument of its June decision upholding the ordinance.
Engaging Lawyers in a Follow-Up Initiative: A Case Study
November 02, 2017
A look at a recent group coaching initiative at a major law firm. Having had success with group coaching in the past, the CMO established a six-month pilot program and chose eight attorneys to participate. Here's what happened.
