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<b><i>Online Extra:</b></i> Law Firm Takes e-Discovery Company to Court in $3M Fee Fight
February 29, 2016
A Washington litigation boutique is embroiled in a fight with an electronic-discovery company over who should pay $3 million in fees for e-discovery services that a federal judge found 'unreasonable.'
<b><i>Online Extra:</b></i> New German Privacy Law Targets U.S. Companies
February 29, 2016
U.S. companies need to be aware of a new German data protection measure that came into effect in late February. The law, aimed directly at companies based outside Germany, allows German consumers and business associations to enforce the country's data protection laws.
<b><i>Online Extra:</b></i> FDIC Chimes In on Cybersecurity
February 29, 2016
The Federal Deposit Insurance Corporation is the latest entity to release a framework for cybersecurity.
<b><i>Online Extra:</b></i> Lyft Blasts Uber for 'Witch Hunt' Over Data Breach
February 29, 2016
Uber Technologies Inc.'s push to hold someone accountable for a 2014 data breach has focused heavily on an unnamed Lyft Inc. employee. Now Lyft is saying its market-leading rival has gone too far, launching a discovery effort that amounts to a "witch hunt.
'Obstetric Violence' and Modern American Medical Jurisprudence
January 31, 2016
A recent Yahoo! Parenting article grouped a particular lawsuit under the larger rubric of "obstetric violence." But, what is "obstetric violence" and how does it fit into the modern American medical jurisprudence?
Off-Label Promotion and Product Liability
January 31, 2016
The pharmaceutical industry has recently felt empowered and emboldened by one final court decision and another pending case that would seemingly allow companies to distribute, proactively, information about unapproved uses, i.e. , off-label, so long as the information is truthful and not misleading. However, companies must, nevertheless, consider potential product liability ramifications. There is no indication that, because firms may now be allowed certain latitude in one area, they are immune from product liability exposure.
Court Watch
January 31, 2016
Court Dismisses Franchise Act Claims <br>Court Grants Franchisor's Motion to Compel Arbitration
Trans-Jurisdictional Transactions
January 31, 2016
In this three-part series, we are examining the highly complex dispute resolution issues that companies face when engaging in cross-border transactions. The unique nature of these multi-jurisdictional litigation issues can stymie even the most experienced counsel, and a keen understanding of the laws and issues behind such matters is vital to a successful result.
Public Interest In Rosa Parks Overrides Publicity Right
January 31, 2016
In an opinion that reads like a biography, the U.S. Court of Appeals for the Eleventh Circuit used Rosa Parks' starring role in the civil rights movement to justify ruling against a nonprofit corporation that owns her name and likeness. The appeals court held that the nonprofit cannot pursue a common-law right of publicity case against Target Corp. over the retailer's selling books, movies and a plaque depicting Parks' life.
Despite Reforms, Patent Cases Filed by NPEs Rose in 2015
January 31, 2016
Despite changes in patent law expected to curb the filing of lawsuits by non-practicing entities, NPE litigation increased significantly in 2015.

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  • In the Spotlight
    On May 9, 2003, the U.S. Attorney's Office for the District of Massachusetts announced that Bayer Corporation, the pharmaceutical manufacturer, had been sentenced and ordered to pay a criminal fine of $5,590,800 stemming from its earlier plea of guilty to violating the Federal Prescription Drug Marketing Act by failing to list with the FDA its drug product, Cipro, that was privately labeled for an HMO. Such listing is required under the federal Food, Drug &amp; Cosmetic Act. The Federal Prescription Drug Marketing Act, Pub. L. 100-293, enacted on April 22, 1988, as modified on August 26, 1992 by the Prescription Drug Amendments (PDA) Pub. L. 102-353, 106 Stat. 941, amended sections 301, 303, 503, and 801 of the Federal Food, Drug, and Cosmetic Act, codified at 21 U.S.C. '' 331, 333, 353, 381, to establish requirements for distributing prescription drug samples.
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