Product Liability

  • September 11, 2017

    Drugmakers Slam Ohio AG's Suit Over Opioid Crisis

    Purdue Pharma, Allergan, Endo, Johnson & Johnson unit Janssen and Teva unit Cephalon urged an Ohio state court Friday to dismiss the state attorney general's allegations that the pharmaceutical companies contributed to the opioid epidemic by downplaying their treatments' risks.

  • September 11, 2017

    5th Circ. Urged To Rethink Asbestos Excess Coverage Ruling

    Trinity Lloyd's Insurance Co. asked the Fifth Circuit on Friday to reconsider an August ruling that asbestos claims fall under the pollution exemption in a U.S. Fire Insurance Co. excess policy.

  • September 11, 2017

    NJ-Exxon Mobil Deal Doesn't Protect Public, Enviros Say

    A New Jersey state senator and environmental groups on Monday urged a state appeals court to give them a chance to fight the state's $225 million settlement resolving contamination by Exxon Mobil Corp., arguing that the state Department of Environmental Protection didn't adequately represent the public's interest in the case.

  • September 11, 2017

    Diarrhea Drug Abuse Shouldn't End OTC Sales, FDA Hears

    Over-the-counter sales of Johnson & Johnson’s diarrhea drug Imodium A-D shouldn't be halted despite an uptick in fatal overdoses, a top trade group told the U.S. Food and Drug Administration in a letter released Monday.

  • September 11, 2017

    Trump Taps CSX, McClure Execs To Pipeline, Highway Posts

    President Donald Trump has nominated a veteran freight rail executive from CSX Transportation Inc. to serve as administrator of the nation’s pipeline safety regulator and picked the president of McClure Engineering Co. to serve as administrator of the Federal Highway Administration, the White House said Friday.

  • September 11, 2017

    1st Circ. FCA Ruling May Spawn 'Parasitic' Suits, J&J Says

    Johnson & Johnson Services Inc. and its subsidiary DePuy Orthopaedics Inc. urged a First Circuit panel Friday to reconsider its partial revival of a suit alleging the companies directly and indirectly submitted false claims to the government for faulty hip replacement devices.

  • September 11, 2017

    Ohio EPA Dings ETP Over $4.2B Pipeline Construction

    The Ohio Environmental Protection Agency on Friday issued a notice of violation to Energy Transfer Partners LP regarding its $4.2 billion Rover Pipeline project, alleging that the company failed to comply with an order directing it to submit paperwork for a state stormwater permit.

  • September 11, 2017

    Pa. Court Won't Revive Asbestos Suit Banned By Bankruptcy

    The Pennsylvania Supreme Court said Friday it would not hear an appeal of a decision finding that a bankruptcy court order barred a woman and her husband from pursuing claims over alleged asbestos exposure against Standard Steel LLC.

  • September 8, 2017

    Why More Global Giants Are Renouncing Their HQs

    As more and more international legal giants opt to renounce their headquarters — a move that can woo clients and merger partners alike — experts say it’s a step that also brings its own set of management challenges.

  • September 8, 2017

    Firms Stay The Course On London Growth Amid Brexit Haze

    A year after the U.K.’s vote to end its membership in the European Union, most firms are either hewing to existing expansion plans or making tweaks around the edges, with even the most avid crystal ball-gazers at a loss for what Brexit will mean in the long term.

  • September 8, 2017

    Law360 Reveals The Global 20 Firms Of 2017

    When it comes to having the global expertise to handle complex cross-border matters spanning multiple time zones, some firms stand out from the rest. Here, Law360 reveals its seventh annual ranking of the firms with the biggest international presence.

  • September 8, 2017

    Where The Global 20 Are Bolstering Their Ranks

    Australia, Brazil and Germany have emerged as premier hubs for global law firm expansion in 2017, fueled in part by increased anti-corruption enforcement in Brazil, infrastructure investment in Sydney and the U.K.’s vote to leave the European Union.

  • September 8, 2017

    Global Firms Snap Up India Work With Liberalization In Limbo

    International law firms play a crucial role in India despite being barred from practicing there, and some say opening up the country’s legal industry wouldn’t drastically change how they do business.

  • September 8, 2017

    3 Takeaways From The Self-Driving Car Bill

    The House of Representatives’ swift passage of first-of-its-kind legislation governing how autonomous or self-driving cars are manufactured, tested and deployed in the U.S. assures carmakers and technology companies that the federal government will take the wheel on safety standards, experts say. Here, Law360 examines some of the highlights of the bill.

  • September 8, 2017

    AmerisourceBergen Eyes $260M Deal In Criminal FDA Case

    Drug distribution giant AmerisourceBergen plans to pay $260 million and plead guilty to a misdemeanor to end a criminal investigation into a subsidiary’s failure to register with the U.S. Food and Drug Administration, records show.

  • September 8, 2017

    8th Circ. Again Revives FCA Suit Over Bayer Cholesterol Drug

    The Eighth Circuit on Friday again resurrected a False Claims Act suit that alleged Bayer AG misled the U.S. Department of Defense about the risks of its now-defunct cholesterol drug Baycol, finding a lower court misapplied precedent about the meaning of “original source” of knowledge.

  • September 8, 2017

    VW Engineer To Appeal 3-Year Emissions Scandal Sentence

    A Volkswagen AG engineer who was sentenced late last month to three years and four months behind bars for his role in the company’s diesel emissions scandal told a Michigan federal court Thursday that he plans to appeal the judgment.

  • September 8, 2017

    Transport Co. Alleges Navistar Sold Defective Engines

    North Carolina-based Cardinal Logistics Management Corp. on Thursday sued truck manufacturer Navistar Inc. over 600 allegedly defective truck engines Cardinal bought from Navistar, alleging the manufacturer purposely concealed the defect.

  • September 8, 2017

    J&J Unit Escapes Bulk Of Surgical Stapler Liability Suit

    A Washington federal judge on Thursday tossed claims that a surgical stapler misfired during a colon procedure, but kept alive an allegation that the presence of a sales representative invaded the patient’s privacy.

  • September 8, 2017

    QR Codes On GMO Foods Could Hinder Consumers: USDA

    The use of scannable “QR” codes to provide information about genetically engineered food poses a number of challenges for consumers and retailers, the U.S. Department of Agriculture said in a study released Wednesday, listing technological and accessibility problems that could prevent consumers from getting the information they seek.

Expert Analysis

  • Series

    Notes From A Law Firm Chief Privacy Officer: New Demands

    Phyllis Sumner

    For outside counsel, oftentimes efficiency and responsiveness collide with security measures as clients are increasingly requiring their law firms to comply with third-party risk management programs. To meet these challenges, law firms are focusing more on the roles of chief privacy officer and chief information security officer, says Phyllis Sumner, chief privacy officer for King & Spalding LLP.

  • The Great Class Action Ascertainability Debate

    Amanda Lawrence

    In recent years, courts have divided sharply over whether or not Rule 23 of the Federal Rules of Civil Procedure creates an implicit requirement that a class must be ascertainable in order to be certified. Amanda Lawrence and Michael Rome of Buckley Sandler LLP discuss the circuit split over whether and to what extent ascertainability is required, and implications of the circuit split for class action litigants.

  • EPA Report Offers Glimpse Into Future Of Superfund

    Darrin Munoz

    Some of the recommendations in a report recently released by the U.S. Environmental Protection Agency represent a significant change of direction from the way the EPA has traditionally handled the Superfund program. These changes will be helpful for EPA Administrator Scott Pruitt’s goal of moving sites to completion faster than they have in the past, say Darrin Munoz and Delmar Ehrich of Faegre Baker Daniels.

  • Opinion

    It's Time To Improve Voir Dire In Federal Court

    Lisa Blue

    During the jury selection process, many times parties submit proposed voir dire questions, but the court ultimately chooses the questions to be asked and does all of the questioning of the jury panel. While this approach is judicially efficient, rarely do we learn anything meaningful from the panel members, say Lisa Blue of Baron and Blue and Robert Hirschhorn of Cathy E. Bennett & Associates.

  • Series

    Notes From A Law Firm Chief Privacy Officer: Insider Risks

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    As law firms hold sensitive information not only related to the firm but to the firm’s clients, an insider threat — whether it's a "bad actor employee" or inadvertent activity — poses a particular concern. There are steps that privacy officers can initiate to help minimize these threats, says Patricia Wagner, chief privacy officer for Epstein Becker Green.

  • Calif. Could See Increase In Drinking Water Litigation

    André Picciurro

    California recently adopted a regulation setting the country’s strictest permissible level in drinking water for a chemical compound called 1,2,3-Trichloropropane, or TCP. The adoption of this regulation in the midst of the Flint, Michigan, water crisis and growing public distrust about the safety of drinking water will likely usher in a wave of media attention and potential litigation, say attorneys with Gordon & Rees LLP.

  • Series

    Notes From A Law Firm Chief Privacy Officer: Balancing Act

    Kristin Jones

    As the role of law firm chief privacy officer becomes more prevalent and expansive, many CPOs are finding themselves in the midst of a delicate balancing act — weighing compliance with government regulations and client requirements on one side with the needs of firm business on the other, says Kristin Jones, chief privacy officer for Stradley Ronon Stevens & Young LLP.

  • 'Made In America' — What You Need To Know Now

    Daniel Herling

    The Trump administration has announced its intention to defend American-made products by certifying legitimate U.S. goods and aggressively going after imported products that unfairly sport the “Made in America” label. Companies must review both federal and state laws and regulations in this area to ensure compliance, say Daniel Herling and Richard Maidman of Mintz Levin Cohn Ferris Glovsky and Popeo PC.

  • How The IPad Can Be A Litigator's Best Friend

    Paul Kiesel

    New mobile computing tools — both hardware and applications — are changing the technology paradigm for legal practitioners. In particular, the combination of the 12.9-inch iPad Pro, the Apple Pencil and the LiquidText annotation app can revolutionize both trial preparation and courtroom litigating, says attorney Paul Kiesel, in his latest review of tech trends.

  • Series

    Notes From A Law Firm Chief Privacy Officer: CPO Vs. CISO

    Mark McCreary

    To understand the role of the law firm chief privacy officer — and why that person ought to be a lawyer — it’s important to distinguish the role they fill from that of the chief information security officer, says Mark McCreary, chief privacy officer for Fox Rothschild LLP.