Relearning the Learned Intermediary Doctrine
December 31, 2013
In typical product liability cases, the manufacturer owes a duty to the eventual consumer to warn of any risks associated with the product. However, in the context of prescription drug cases, courts have recognized that the prescribing doctors, and not their patients, are in the best position to weigh the risks and benefits of a given drug for a particular patient.
FTC Seeks New Privacy Authority
December 31, 2013
The FTC is about to turn 100, and agency leaders have some gift suggestions for Congress ' new privacy legislation plus a statutory change that would position the FTC as the net neutrality cop.
<i>LifeScan v. Shasta Tech </i>
December 31, 2013
The Federal Circuit panel discussed patent exhaustion in light of product claims, citing precedent where "the Supreme Court [has] repeatedly held, in addressing device patents, that the sale of a patented device exhausted the patent-holder's right to exclude, and that an infringement suit would not lie with respect to the subsequent sale or use of the device."
Will Fracking Become the Next Mass Tort?
December 31, 2013
Opponents of fracking have presented some concerns about potential health effects from fracking and its byproducts. Whether those health concerns are legitimate and who would be responsible for adverse health effects is of interest to the plaintiffs' bar.
Dancing on the Cliff Edge
December 31, 2013
In the last five years, we have heard increasing chatter about the failed business model of law firms, new technology that is erasing the need for lawyers and other information interpreters, and enhanced cognitive systems that mine and interpret data. Let's look at some examples of trends that are leading the way.
Updated Guidelines For Forensic Psychologists
December 31, 2013
A year ago this month, the American Psychological Association (APA) published a revised and updated set of guidelines for the practice of forensic psychology. This document represents a substantial and long-awaited improvement over the prior set of guidelines, especially with respect to its breadth and clarity.
Real Property Law
December 31, 2013
Not All Hedges Are <i>De Minimis</i> for Adverse Possession Purposes <br>Adverse Possession of Mapped Streets<br>No Punitive Damages Against Title Insurer
The Pitfalls of Arbitration Administrator Rules
December 31, 2013
Picking the applicable rules, without more, does not identify the administrator that will oversee the arbitration process. An "expertly drafted" clause must identify the rules and the organization or person who will administer the rules.
Prior Agreement Bars Termination of Song Rights
December 31, 2013
The U.S. District Court for the Southern District of New York decided that music publisher EMI can keep the rights to the 1934 hit song "Santa Claus Is Coming to Town" for another 25 years.
Privacy a Sticking Point for Deals
December 31, 2013
Privacy compliance is increasingly a sticking point between targets and acquirers. Lawyers say they're seeing closes delayed, offering prices reduced, and some transactions scuttled altogether as regulatory scrutiny intensifies and buyers become skittish about privacy risks.
