Recent Publications - Complex Torts & Product Liability


‘Made in the USA’ Claims: Handle With Care
May 15, 2018 | Compliance, Investigations & White Collar

Marc Ullman published an article in Natural Products Insider entitled, “‘Made in the USA’ Claims: Handle With Care.” The article focuses on how the Federal Trade Commission has increased its enforcement of its “Made in the USA” standards, which states “all or virtually all” of a product must be made/produced in the United States.

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Cyber Insurance: Protection for the New Normal
May 9, 2018 | Privacy, Data & Cyber Law

Cybersecurity breaches have become commonplace. In 2017, the global economy incurred an estimated loss of over $450 billion for cyber-related crimes and security breaches. It is no longer a question of whether a business will fall victim to a security breach or malware attack, but only a question of when.  A cybersecurity event can have

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Majkowski’s Glyphosate Update Published in ABA’s Mass Tort Litigation
April 4, 2018 | Complex Torts & Product Liability

Paul Majkowski published an article entitled, “Update on Glyphosate: The Roundup MDL General Causation Daubert Hearings,” in Mass Torts Litigation, a publication of the American Bar Association’s Section of Litigation.

The article discusses Judge Vince Chhabria’s comments in a Daubert hearing conducted on general causation as to non-Hodgkin’s lymphoma, which heard from a dozen witnesses.

To read

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New York Extends Time to File Malpractice Claim
February 21, 2018 | Health Services | Medical Malpractice Defense

Governor Andrew Cuomo has signed a new law, known as “Lavern’s Law,” that extends the amount of time a patient has to file a medical malpractice claim for a missed cancer or malignant tumor diagnosis. Patients now have 2 1/2 years to file a claim from the date the misdiagnosis is discovered by the patient,

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The Status of Telemedicine Reimbursement
December 20, 2017 | Health Services

Benjamin Malerba, David Richman and Ada Kozicz wrote an article published in Health eSource, a publication of the American Bar Association’s Health Law Section entitled, “The Status of Telemedicine Reimbursement: States’ Efforts to Incentivize Providers to Utilize Telehealth Technologies.”

The article centers on the importance of creating legislation that will provide insurance reimbursement for telemedicine, as a means to

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Online Business’ Optimism Under Privacy Shield Is Tempered by EU Privacy Challenges Ahead
December 19, 2017 | Privacy, Data & Cyber Law

There is good news for U.S. companies operating online, which nowadays, of course, includes virtually every business. The European Commission has published its first annual report on the agreement reached last year by the Commission and the U.S. government to protect personal data transferred from the European Union (EU) to U.S. companies for commercial purposes,

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Update to In Re: General Mills Glyphosate Litigation
August 31, 2017 | Complex Torts & Product Liability

Paul Majkowski published an article in the American Bar Association – Mass Torts Litigation, “Update to In re: General Mills Glyposate Litigation.

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Asserting Damages for Data Piracy Under the CFAA
June 20, 2017 | Privacy, Data & Cyber Law | Professional Liability | Complex Torts & Product Liability

Data often is the lifeblood of a business. When a database is breached in one way or another, the results can be devastating—especially if the data falls into the hands of a competitor.

Many companies suffering this kind of loss turn to litigation. Perhaps in an effort to obtain federal court jurisdiction, they may assert

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Glyphosate and the Many Ramifications of an IARC Classification
May 30, 2017 | Complex Torts & Product Liability

As is frequently the case, a regulatory development or finding will serve as the impetus for activity in the realm of toxic tort. From the plaintiff’s perspective, the underlying science has been given the patina of credibility by the regulatory action; from the defense view, the regulatory action does not elevate the underlying science to

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Hidden Risks In Practice Acquisitions And Joint Ventures
May 25, 2017 | Complex Torts & Product Liability | Health Services

There is a potential compliance “blind spot” associated with what many in the healthcare industry would regard as ordinary practice acquisitions and joint ventures involving hospitals and other provider organizations. This area of possible vulnerability arises from the payment of consideration for what are sometimes insufficiently delineated assets of the target or partner entity. If

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