To Correct or Not Correct Misinformation in Social Media
January 31, 2015
In June 2014, the FDA issued a draft guidance document, "Internet/Social Media Platforms: Correcting Independent Third-Party Misinformation about Prescription Drugs and Medical Devices." While the draft guidance is not legally binding, it indicates that the FDA will not hold responsible companies that choose to correct (or not correct) third-party misinformation. What are the product liability implications?
Workplace Bullying Laws and Litigation
January 31, 2015
While no state, or the federal government, has adopted laws explicitly outlawing bullying in the private sector, employers are well advised to proactively take steps to prevent workplace bullying.
Terminating the Physician/Patient Relationship
January 31, 2015
In general, terminating the physician-patient relationship is allowed as long as the physician provides reasonable notice to the patient ' giving him or her the opportunity to obtain another qualified physician to manage his or her care. If this requirement is not met, and the patient suffers injury, the physician may have breached a duty to the patient and may be found liable for medical negligence (malpractice) under the theory of abandonment.
The Internet of (Legal) Things
January 31, 2015
Welcome to the "Internet of Things" (IoT) ' the Web of embedded computing devices that interact with our everyday lives. Like any technology revolution, those devices have no interest in waiting for the legal world to catch up. As a result, if a General Counsel's wearable device measuring nighttime biorhythms does not keep her awake at night, the prospect of billions of devices sensing everything about her customers and employees during an era of cyber insecurity probably will.
Expanding the Playing Field for Video Game Lawsuits
January 31, 2015
Video game litigation is a hot area for entertainment lawyers in 2015, as more celebrities have sued over being cast as game characters without their permission. The spree is driven by a pair of 2013 rulings that sided with athletes depicted in college football games, lawyers said, as well as by the overall boom in gaming sales which has made the industry a rich target for plaintiffs lawyers.
SEC Tries to Write 'Facilitating Payments' Exception Out of FCPA
January 31, 2015
Recently, a lawsuit brought by the SEC alleging FCPA violations against two individuals related to a global oil and gas drilling services company nearly went to trial in federal court in Texas. As one of the only civil FCPA cases to proceed to that stage of litigation, the case provided unique insights into the SEC's interpretation of key provisions of the FCPA.
Data Breaches: Why Prevention Isn't Enough
January 31, 2015
Cyberattacks and data breaches are an all-too-common fact of modern business. The news is full of stories about major U.S. banks and retailers being hacked, and the perpetrators are stealing the financial and personal information of clients, customers and others. While the masterminds and motives behind such attacks are not always immediately apparent, one thing is clear: Counsel must understand that traditional network security approaches are no longer enough.
Bit Parts
January 31, 2015
Investor's Suit Against Management Companies Filed Too Late<br>Partnership Suit Against the Lumineers to Remain in New Jersey Court
Are Franchisors 'Employers'?
January 31, 2015
Part One of this article analyzed what recent court and NLRB decisions are saying about the franchisor/franchisee employment question. The discussion continues herein.
