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Off-Label Promotion and Product Liability Considerations

February 01, 2017

An update on the current regulatory landscape in the off-label promotional area and also review potential liability risks for companies to consider, and recommendations to reduce these risks.

Will the CT Supreme Court Reinvent Design Defect Law? Part One of a Two-Part Article

February 01, 2017

Despite the long-standing principle in Connecticut that product liability law is premised on strict liability, the state's Supreme Court is now considering whether it should abandon its strict product liability premise for design defect claims, and replace it with section 2(b) of the Restatement (Third) of Torts.

Legal Tech: Three Legal Challenges In-House Counsel Face with 3-D Printing

February 01, 2017

As 3-D Printing Becomes More Widespread, In-House Counsel Will Be Tasked with Complex IP and Liability ChallengesYet another potentially disruptive technology is set to join the ranks of blockchain and AI as a headache for legal: 3-D printing. While its use in legal is limited, 3-D printing presents unique challenges to in-house counsel prosecuting or defending IP and liability issues.

Joint Infringement Post-Akamai: Understanding the Impact on Prosecution and Litigation Strategies Part 2: Decisions Since Akamai and Practice Insights

February 01, 2017

Reviews the recent Federal Circuit Eli Lilly case as well as district court cases that have interpreted the new standard and identifies prosecution and litigation strategies for practicing post-Akamai

Liability Exposure When Experts Flub Part Two of a Two-Part Article

February 01, 2017

Last month, the author began discussion of the consequences of retaining an expert witness who errs on the stand. Should the expert be subject to lawsuit for damages? Could the attorney who hired him/her be held liable? The analysis concludes here.

Regulatory and Product Liability Practices: Siloed No More

January 01, 2017

In the field of product liability law, the silo phenomenon — in which different departments of an organization decline to share information with other departments of the same organization or field — is puzzling, since there have been several examples of situations where additional regulation has resulted in additional litigation.

Are You Your Tenant's Keeper? Maintaining BFP Status in the Face of PACA Liens

January 01, 2017

In September 2016, a national title company invoked the Perishable Agricultural Commodities Act (PACA) when it raised an exception on a title commitment for the sale of real property upon which a grocery store was a tenant. The title company asked the owner to execute an affidavit and indemnity in the title company's favor with regard to any PACA liens incurred by the tenant. This new exception has elicited a fair amount of confusion as to why an 86-year-old statute would suddenly present a cloud on title.

Data Breach Lawsuit Highlights the Need for Diligence when Purchasing Cyberinsurance

January 01, 2017

Well-known restaurant chain, P.F. Chang's China Bistro, recently sustained a significant hit to its cyberinsurance coverage. The federal court's opinion in the case serves as a lesson to policyholders regarding cyberinsurance in a rapidly evolving market. Due diligence is the name of the game when placing such insurance in order to understand the scope of coverage.

Liability Exposure When Experts Flub

January 01, 2017

In civil litigation, when retained or testifying experts err materially, causing a case or settlement loss, do they get some kind of immunity so that access to experts is not "chilled" by allowing experts to be sued frequently? The answer to this question is not so easy.

Managing Product Liability Litigation

January 01, 2017

Relationship building between in-house and outside attorneys is key to managing a product liability lawsuit. Trust is the core of the relationship.

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The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
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The DOJ's New Parameters for Evaluating Corporate Compliance Programs
The parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.
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Use of Deferred Prosecution Agreements In White Collar Investigations
This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.
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Mixed Ruling in Jefferson Starship Band Name Suit
What's in a rock band's name? Plenty, if you are talking about Jefferson Starship, which goes back more than 40 years, has had more than 30 members and was born from the 1960s psychedelic rock band Jefferson Airplane.
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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.
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