Franchise Compliance
September 02, 2013
Every franchise system chief executive encounters situations in which a franchisee has a good reason for not complying with a rule, or in which the infraction is fairly minor. But how can a franchisor be sure about where to draw the line and how strictly to enforce the rules that are set out in the franchise agreement or operations manual?
Joint Defense Agreement Considerations in NPE Patent Litigation
September 02, 2013
Accused infringers in patent litigation, especially against non-practicing entities (NPEs), often form joint defense groups to defend against common claims brought in one or more actions. A written agreement of the joint defense group can make plain the respective rights and obligations of each group member and evidence to the court a requisite alignment of common interest underpinning the group. The following is a selection of relevant considerations to support productive group interaction through appropriate provision in the joint defense agreement.
Preemption and Generic Drug Liability
August 29, 2013
Recent cases attempt to further explain courts' interpretations of preemption principles in the context of generic drug labeling and liability. It is further evidence that each case is fact-based, and the final chapter in this area likely has not yet been written.
Recent Developments Since <i>Pliva v. Mensing</i>
August 29, 2013
In <I>PLIVA v. Mensing</I>, a 5-4 majority of the Supreme Court held that federal regulations applicable to generic pharmaceuticals preempt state law claims alleging that the manufacturers failed to warn consumers of the drug's risks.
The Media
August 28, 2013
Despite the evidence of downward trends in U.S. litigation numbers, when the media makes comments on the tort system, such as in editorials, it is almost exclusively critical of "the system.
New ISO Forms Impact Construction Contracts
August 27, 2013
ISO started introducing new commercial general liability forms and endorsements in April 2013. In this new rollout, ISO makes 11 coverage form changes, including a change to the Other Insurance provision, and over 80 endorsement changes.
Insurance Coverage for Gun Injuries
August 27, 2013
The insurance industry is no stranger to gun-related claims. Although myriad scenarios give rise to such claims, three coverage issues tend to predominate in these cases.
Hidden Issues in Balance Sheets
August 26, 2013
Attorneys for creditors and debtors and bankruptcy judges are making recommendations or decisions based on only cursory consideration of potentially misleading balance sheets. Neglecting to delve into the issues more deeply can result in serious pitfalls.
Marketplace Fairness Act May Help Clear Muddy Tax Waters
August 02, 2013
With my mom probably one of a handful of people who haven't made an Internet purchase, I think it is fair to say that we have all seen certain online retailers almost bragging that there is no sales tax on merchandise ordered from their e-store. The first question this raises is whether the "qualifying order" language refers to the shipping, the sales tax or both.
