Reed Smith – James Beck – In the original Hunger Games movie, while Katniss and Rue are plotting to blow up the Careers’ food stash, Katniss remarks that “destroying things is much easier than making them.” That’s how we feel about our bottom ten worst prescription drug and medical device decisions of 2015. It’s so […]
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Reed Smith – On December 14, 2015, a federal judge in the Southern District of California concluded that a jury should decide whether Yahoo is liable under the Telephone Consumer Protection Act (TCPA), 47 U.S.C. § 227, for “welcome messages” automatically sent via the Yahoo Messenger platform, even though the messages were triggered by the
“Human Intervention” in Yahoo! Messaging Service Left for Jury Read More »
Kelley Drye & Warren – Last week, the Federal Circuit denied en banc review by the entire court of the three-judge panel decision in the Apple v. Samsung case that had revived the ability to obtain injunctive relief against multiple component products, such as smartphones (see our Sep. 17, 2015 post). In doing so, the
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Foley & Lardner – Telemedicine is a key component in the health care industry shift to value-based care as a way to generate additional revenue, cut costs and enhance patient satisfaction. One of the biggest changes to health care in the last decade, telemedicine is experiencing rapid growth and deployment across a variety of applications.
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Kelley Drye & Warren – Andreas Becker, Lee Brenner In Biro v. Condé Nast, et al., the Second Circuit recently determined that, in a defamation action, limited-purpose public figures must plead in a “plausible way” that the defendants acted with actual malice, citing Federal Rule of Civil Procedure 8 and the Supreme Court’s decisions in Iqbal andTwombly.
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Reed Smith – Leigh T. Hansson, Julianne K. Nowicki – Recent trends and discussions relating to export controls and national security concerns may now capture the attention of software manufacturers, technology firms, and online retailers of software, as well as their global trade compliance teams. In a time where cyber-hacking and cyberterrorism pose increasingly greater threats to
Cyber Products Face Heightened Scrutiny In Face of Terrorism Read More »
Reed Smith – Class actions have penetrated every sector of American commerce. Significant resources routinely are invested in resisting class certification because of the adverse economic and business management consequences that can follow from classwide relief. In those circumstances when a class is certified, the incentive to settle and avoid a classwide trial can be
Clifford Chance – 2015 has been a bumper year for M&A, with over US$ 4.28trn of deals announced to date, according to a preview of international law firm Clifford Chance’s latest Global M&A Trends report. Global M&A value has reached record levels, with 2015 lining up to be the strongest year ever for M&A. While
Baker Donelson – The Federal government is engaging tough measures to ensure corporations take safety seriously. First, OSHA is in the process of implementing changes to its penalty calculation system, which includes increasing penalty amounts as much as 82%, and extending the time period for consideration of repeat violators and penalty reductions based on history
LeClairRyan – Simply put, “privity of contract” is “‘the relationship between the parties to a contract, allowing them to sue each other but preventing a third party from doing so.” The existence of ‘privity’ had long protected an architect in a contractual relationship with an owner or some other entity from potential liability to a
Strangers No More? Trends in the Architect’s No Privity Defense Read More »
