5 Important Drug And Medical Device Developments In 2014

Law360, New York (January 14, 2015, 11:00 AM EST) -- Now that 2014 is over, we took the opportunity to reflect on some of the year's legal developments with the most impact for our drug and medical device clients. Thanks to several court decisions — and lack of decisions — litigation over drugs and devices remains a hotbed of contested interpretations over free speech, differential diagnosis requirements, adverse event reporting, preemption and innovator liability. Below is a brief assessment of the implications for five of the most significant developments in 2014.

1. First Amendment Protections for Off-Label Promotional "Speech"

In 2011, the U.S. Supreme Court held that "[s]peech in aid of...

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