Looks Can Be Deceiving (and Costly): The Legal Implications of Counterfeit Products to a Pharmaceutical Manufacturer
October 05, 2005
The World Health Organization has estimated that drug counterfeiting affects 5-8% of all drugs, representing approximately $10-$15 billion to the U.S. pharmaceutical market alone. The Food and Drug Administration has estimated that approximately 10% of the drugs in worldwide distribution are counterfeit, with most being sold in developing countries. Not surprisingly, the most commonly counterfeited drugs are those with the largest sales, as well as drugs with high profit margins and drugs that are easier to counterfeit.
Merck Faces New Jersey Jury After Big Texas Loss
October 05, 2005
After Merck & Co.'s devastating loss in Texas in August in the first Vioxx case to go to a jury, the nation's eyes now turn to Atlantic City, where New Jersey's first case was set for trial on Sept. 12. There are about 5000 personal injury suits filed nationwide, about half in New Jersey, over the Merck painkiller that has been linked to increased risk of heart attack or stroke. Last month, New Jersey Superior Court Judge Carol Higbee, who is overseeing nearly 2500 Vioxx product-liability cases, rejected a Merck request to postpone the trial. The plaintiff's attorney, Christopher Seeger of Seeger-Weiss in Manhattan and Newark, told <i>The Wall Street Journal</i> that he was "absolutely thrilled" by the judge's action. "I just can't wait to get in a courtroom with this company," he said.
Judge Won't Stop Suit Against Clinical Lab
October 05, 2005
In a ruling that breaks new ground in the area of drug products liability, a federal judge has refused to dismiss negligence and fraud claims against a clinical laboratory for allegedly conspiring with a drug manufacturer to mislead the FDA.
Corporate Crisis Management
October 05, 2005
Fielding a Winning Team for Shareholders Wichita, KS, was an unlikely spot for finding metaphors. Sitting in a rental car on the steaming asphalt outside…
Retail Property Values and Land Use Regulation: Judicial Approaches to Measuring Diminution of Value and Legal Strategies to Redress Loss of Property Value
October 04, 2005
Landlords and tenants who want to understand judicial methods for measuring diminution of property value resulting from land use regulation must first understand the U.S. Supreme Court's takings jurisprudence. Of course, federal takings standards only set the "floor" of constitutional protection. State constitutions may set a higher level of constitutional protection. Although state courts may find a taking in situations where a federal court would not, their approaches to valuation generally mirror the various approaches taken by the federal courts. This two-part article will discuss several Supreme Court takings tests and offer some legal strategies for dealing with them.
The MLF 50: More From the Top Firms
October 03, 2005
In my continuing effort to present as many of the firms that were listed in the MLF 50, I am pleased to profile Baker & McKenzie (No. 6) and Carlton Fields (No. 22) in this issue of <i>Marketing The Law Firm</i>.
12 Steps to a Successful Client Interview Program
October 03, 2005
As every good business developer knows, the majority of new business and referrals comes from existing clients; and law firms are increasing their commitment to meet with their clients. The goal of a client interview program is to garner information that will enhance a law firm's business-development and marketing efforts by gaining insights into client needs and objectives. This information is essential to gaining new business, while at the same time providing specific recommendations (from the eyes of the client) as to how the firm can ensure client retention and enhance the client relationship. Interviews provide data that can be used to determine and develop specific strategies related to client retention and business development.
Your Guide to Getting on the Web: Starting from Scratch
October 03, 2005
Although the vast majority of large law firms and indeed perhaps every single large law firm may already have a Web site, and although most medium-sized firms have them as well, there still are many solo practitioners and smaller firms that do not. The failure to have a Web site already is, at the least, unusual; lawyers and firms that do not remedy that situation in the very near future will certainly be making a serious and perhaps fatal business and tactical mistake. So get cracking!
Internal Media Communications Planning: Getting the Entire Firm Involved
October 03, 2005
While a law firm's internal media communications plan should be developed at the highest levels of the organization, the finalized program should not be limited to the activities of a select few partners and executives. It is important to remember that media inquiries can come to any staff member at any time. For this reason, it is critical that the entire firm ' from the managing partner to administrative assistants and other support staff ' be on board with the internal media communication program.
