The Mensing Preemption and the Learned Intermediary Doctrine
June 27, 2012
Few courts have fully or accurately grasped the realities of how physicians receive information about the drugs they prescribe and, correspondingly, how the learned intermediary doctrine should affect the <i>Mensing</i> preemption analysis.
In re Grumman
June 26, 2012
A recent decision by the United States District Court for the Southern District of New York explores the tension between the duty to maximize the value of the estate in bankruptcy and the due process rights afforded to future claimants in the context of a sale under ' 363 of the Bankruptcy Code.
Creating a Value-Based Relationship with Your Outside Counsel
June 26, 2012
For the past four years, Michael Roster has co-chaired the ACC Value Challenge Steering Committee, an initiative designed to re-integrate value into the cost of legal services. This article provides a Q&A on the subject of creating meaningful value-based relationships with outside counsel.
Captive Insurance Considerations for Franchises
June 25, 2012
Forming a captive insurance company provides a number of unique advantages to franchisors and groups of franchisees, starting with reduced premiums. Quite possibly the most significant advantage of the captive insurance model, especially for franchisees, is the ability to protect against liabilities that would otherwise be difficult to insure.
Captive Insurance Considerations for Franchises
June 25, 2012
Forming a captive insurance company provides a number of unique advantages to franchisors and groups of franchisees, starting with reduced premiums. Quite possibly the most significant advantage of the captive insurance model, especially for franchisees, is the ability to protect against liabilities that would otherwise be difficult to insure.
Damages Soar from False Advertising About Skydiving
May 30, 2012
In March 2012, the Ninth Circuit in <i>Skydive Arizona, Inc. v. Quattrocchi, et al.</i> upheld a $6.6 million judgment for trademark infringement, false advertising, and cybersquatting, while overturning the district court's doubling of actual damages. The opinion succinctly outlines appellate review standards while offering insights into how to prove a Lanham Act and cybersquatting case.
Duty to Defend: Johnson Controls' Attempt to Turn Excess Insurance into Primary Insurance
May 30, 2012
On April 2, 2012, Johnson Controls and certain of its excess insurers filed simultaneous motions for summary judgment on the duty to defend issue in the Milwaukee County circuit court. The outcome of these motions will be of great interest to insurers since Johnson Controls is seeking to fundamentally change the role and function of excess insurance.
Applying Technology To the Business of Health Care
May 29, 2012
Advocates for online health services have long argued that the health care-services and health care-products industries could significantly enhance its ability to deliver quality products and services to consumers by using e-commerce to improve access to, and the timeliness and accuracy of, information, delivery and purchasing pertaining to the health care-sector supply chain.
