Product Liability

Expert Analysis

• Q&A

  A Chat With Allens Pricing Chief Pier D'Angelo

  

  In this monthly series, Amanda Brady of Major Lindsey & Africa interviews management from top law firms about the increasingly competitive business environment. Here we feature Pier D'Angelo, chief pricing and practice officer at Allens.

• Opinion

  The ABA Was Dead Wrong About Model Rule 8.4(g)

  

  In the two years since the American Bar Association's controversial anti-discrimination and harassment rule, only one state has adopted it, while numerous state supreme courts, state attorneys general and legal groups have correctly rejected Model Rule 8.4(g) as a threat to lawyers' First Amendment rights, says Bradley Abramson, an attorney with Alliance Defending Freedom.

• Why Tofurky Has A Beef With Missouri's Meat Labeling Law

  

  Missouri recently became the first state in the union to enact a ban on labeling products as “meat” unless they are “derived from harvested product livestock or poultry.” But the company that makes Tofurky has already filed suit in federal court to challenge the new law's constitutionality, says James Lawrence of Michael Best & Friedrich LLP.

• Opinion

  The Supreme Court Should Become Boring

  

  In the aftermath of Justice Brett Kavanaugh's confirmation, the U.S. Supreme Court should decline review of the nation's most polarizing political questions unless and until the questions become time-sensitive, says Alexander Klein, head of the commercial litigation group at Barket Epstein Kearon Aldea & LoTurco LLP.

• Q&A

  Back To School: BC's Kent Greenfield Talks Corporate Law

  

  In this series featuring law school luminaries, Boston College Law School professor Kent Greenfield reflects on his corporate law theories, his legal battle with the Pentagon over free speech and gay rights, and important constitutional law issues to watch out for.

• Kavanaugh Cannot Be Compelled To Recuse Himself

  

  Whether Justice Brett Kavanaugh’s prior statements may be grounds for disqualification when it comes to judging certain cases is debatable, but there are no specific recusal guidelines for the U.S. Supreme Court. The justices themselves don’t even agree on where to draw the line when it comes to perceived political bias, says Donald Scarinci, a founding partner of Scarinci Hollenbeck LLC.

• Opinion

  Gov't Brief In Fosamax Makes Strong Case For Reversal

  

  After agreeing to review the Third Circuit's 2016 ruling in the Fosamax product liability litigation during the current term, the U.S. Supreme Court invited the federal government to file an amicus brief. A review of the compelling arguments laid out in the brief strongly suggests that this problematic decision will be reversed by the high court, says Stephen McConnell of Reed Smith LLP.

• Knowledge Management: An Unsung Hero Of Legal Innovation

  

  As technology evolves, law firms are increasingly looking for ways to improve communication, transparency and service for their clients. Firms should put knowledge management at the core of their value proposition to create a competitive advantage, says Rob MacAdam at HighQ.

• Missouri Asks, 'Where's The Beef?'

  

  A newly enacted Missouri law makes it a misdemeanor to use the word “meat” on labels of food products that do not come from an animal. Businesses selling meat substitute products in the state that do not meet the new labeling requirements could face liability under another consumer protection statute as well, says Martha Charepoo of Baker Sterchi Cowden & Rice LLC.

• What New Calif. Law Means For Connected Medical Devices

  

  Last month, California passed the first-ever state legislation aimed at regulating "internet of things" devices. The new law restricts liability to manufacturers of physical hardware — drawing a narrower line than the U.S. Food and Drug Administration's previous guidance, say Michael Buchanan and Michelle Bufano of Patterson Belknap Webb & Tyler LLP.