Consumer Fraud Actions: The Applicability of the Learned Intermediary Doctrine
There is much uncertainty surrounding if and how well-established defenses to traditional product liability claims will translate in non-personal injury consumer fraud actions. At the forefront of this uncertainty is the applicability of the learned intermediary doctrine in consumer fraud actions involving pharmaceuticals or medical devices.
How to Get the Most Out of Legal Blogs
However you wish to refer to them, blogs provide a singular opportunity for a firm to leverage its unique knowledge in a format that's easily updatable and which can be targeted to specific market audiences. If a firm has a number of practice areas, it can maintain separate blogs to target each of these areas and not be faced with trying to write content that will appeal to every client or potential client that the firm is trying to reach.
Google Goes on Washington Growth Spurt
Last year, the Federal Communications Commission ('FCC') announced plans to auction off spectrum on the public airwaves suitable for wireless phone and Internet transmissions. In response, a collection of nonprofit technology and consumer groups suggested that the winning bidder be required to provide access to its network for the public benefit. Then in May, just a few months before the auction rules were settled, something unexpected happened: Internet giant Google joined the fray ' and aligned itself with the nonprofits.
Band Name Dispute Over Recording and Concert Uses
The Miami girl group Expos' ruled the charts in the 1980s, turning out a multiplatinum album and numerous hits, including the No. 1 single, 'Seasons Change.' But some things never change. Turmoil with management roiled the group during its hey-day, and rancor has returned now that the trio is on a popular reunion tour, riding high on 1980s dance nostalgia. The singers have been sued to stop using the name Expos' after breaking with promoters in August, just months before the music group's trademark licensing agreement was set to expire.
New Year, New Clients
It's a brand new year ' and, with a little luck and some persistence, maybe you made the most of the holiday season's networking opportunities and now you're poised to follow up with a flood of new contacts. But if you felt like your holiday season was hectic and didn't yield much client-development success, not to worry. Consider making it your New Year's resolution to make the most of events you attend in 2008.
Americanization of e-Commerce Law
Despite the Internet's global reach, it is the propensity of American citizens and U.S. residents to engage in e-commerce ' and of American courts and governmental agencies to accept, resolve and publish the decisions in those cases ' that makes it fair to say that American law dominates e-commerce.
e-Battling Demons and Other Woes
When the same entertainment network that gave us Family Guy and American Idol (and soon, The Wall Street Journal) does a multi-million dollar buyout of a self-proclaimed 'spiritual Web site,' www.beliefnet.com, no one can deny that the selling of religion online has become big business. Although the Bible and the Pope may have both condemned mixing commerce and worship, today the temple appears to have firmly established itself in digital form in the e-commerce marketplace, rather than the marketplace having been set up ' and pitched out of ' the temple.
The Changing Face of Chapter 11
The face of bankruptcies in corporate America has changed multiple times since the reforms of 1978. And it's going to change once more ' probably radically ' over the coming months. This article explains.
