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Bernstein Shur Business and Commercial Litigation Newsletter #38

We are pleased to present the 38th edition of the Bernstein Shur Business and Commercial Litigation Newsletter. This month, we highlight recent convictions in the Madoff scandal, class action litigation against General Motors...more

The General Motors Scandal: Risky Issues

The GM scandal is unfolding and provides important reminders for everyone involved in compliance and how to respond to a corporate scandal....more

When Food Production Leads to Prosecution

Over the last few weeks, two big stories have made headlines in the food industry. Beginning in early February, news media across Europe began reporting that food products tested in several European countries contained...more

U.S. Government’s Use of the "Park Doctrine" to Police Pharmacies

The U.S. government may be resurrecting the "Park Doctrine" as a tool to prosecute the owners of pharmacies for federal Food, Drug, and Cosmetic Act (FDCA) violations. In United States v. Park, 421 U.S. 658 (1975), the U.S....more

Meningitis Suits Stand To Benefit From FDA Criminal Probe

Originally published in Law360, New York on October 18, 2012. If the U.S. Food and Drug Administration's recent raid of the pharmacy at the center of the ongoing meningitis outbreak leads to criminal charges, attorneys...more

Illegal Clinical Trials of Bone Cement Sends Executives to Prison

Four ex-officers of a Pa.-based manufacturer of a bone cement product were sentenced to prison for an unapproved trial that led to three deaths. Each pled guilty to a single misdemeanor count of shipping adulterated and...more

There'll Always Be Posner: Double-header

A great Chicagoan, Ernie Banks, was famous for saying “Let’s play two” – an expression of pure joy about the game of baseball. Another great Chicagoan, Judge Richard Posner, recently came out with a pair of opinions that...more

Basics of Legal Evidence

A discussion about what is legal evidence, and the threshold that must be met before a piece of evidence can be introduced in court....more

Caronia, The Latest

The moment we saw the Supreme Court’s First Amendment decision in Sorrell v. IMS Health Inc., 131 S. Ct. 2653 (2011), we knew it had implications for the FDA's suppression of truthful commercial speech concerning off-label...more

Protective Orders - Are They Enough?

When faced with the prospect of defending parallel civil and criminal proceedings, companies and their attorneys must evaluate a number of important issues to develop an effective overarching defense strategy. The reach of a...more

Japanese Litigation Update

Quinn Emanuel Foundation to Donate Towards Japan Relief: On March 11th, Japan was hit by one of the largest earthquakes ever recorded. Rescue and recovery efforts have already begun and are expected to last for months, with...more

Pfizer Agrees to First Neurontin Lawsuit Settlement

Pfizer, the manufacturer of the epilepsy medication Neurontin has been involved in many claims by plaintiffs who blame the drug for creating suicidal tendencies. One such lawsuit, by a Massachusetts’ man’s survivors, has just...more

FDA to Increase Criminal Prosecution of Corporate Officials in the Pharmaceutical Industry

In a recently released letter to U.S. Sen. Chuck Grassley (R-Iowa), the Government Accountability Office (GAO) reported the results of its study into the Food and Drug Administration's (FDA) criminal investigation of...more

FDA Looks to Boost Criminal Prosecutions

In the wake of a scathing March 4th GAO Report, FDA has informed Congress that it will boost criminal prosecutions of pharmaceutical and food industry executives.[1] Although the Agency's Office of Criminal Investigation...more

How Hard Should It Be to Imprison Someone For Telling The Truth: FDA Advertising Regulation Enforcement by Frederick R. Ball, Erin...

The past two decades have seen a flurry of enforcement activity surrounding pharmaceutical companies’ promotion of their drugs for uses other than those approved by the Federal Food and Drug Administration (FDA)—so-called...more

Las Vegas Injury Resorces Finding Speeding Crash & Safety Information

reducing crimes and crashes, is DOT's Job. Traffic enforcement is a logical rationale for a highly visible law enforcement presence in a community. Its focus on community collaboration reinforces the role that...more

National Highway Traffic Safety Administration Speed Laws, Includes Nevada Speeding Law

Las Vegas Nevada Tickets Speed Law Reserch< statutes or regulations that are concerned with either speed limit or speed-related violations. Local laws are not reported. Unless otherwise indicated, the status of the...more

Virtual Forensic Animation at Trial

Discusses how virtual forensic animation can be used at trial to effectively communicate just what happened and let jurors see with their own eyes. Three experienced ASTC-member trial consultants react and the author...more

How to use research on religious affiliation at trial

This article reviews the social sciences research on religion and discusses how attorneys can use this information in voir dire and case presentation. Three experienced ASTC-member trial consultants weigh in and the authors...more

New Consumer Protection Legislation by Cyndee Todgham Cherniak

In April of this year, Bill C-52, "respecting the safety of consumer products," was tabled in the House of Commons by the Minister of Health. This proposed legislation protects consumers by addressing or preventing dangers to...more

Effective Voir Dire Strategies

An experienced ASTC-member trial consultant offers practical tips on staying organized in voir dire and jury selection. A straight-forward, low-tech approach that allows you to maintain your composure in the thick of it. This...more

Antitrust & Federal Regulation: Senate Passes Consumer Product Safety Act Reauthorization

On March 6, 2008, the U.S. Senate passed S. 2663, the most ambitious reauthorization and amendment to the Consumer Product Safety Act and related statutes since the creation of the Consumer Product Safety Commission (CPSC or...more

Crash, Lawsiuts, DUI, Las Vegas, Nevada Handbook, Finding The Law, Prosecution

Las Vegas, Nevada Crash & DWI information. The prosecution of a DWI case involves the examination of the totality of the circumstances surrounding the incident: operation of the motor vehicle, all visual observations of...more

Know and Avoid the Minefields and Booby Traps (Engaging Valuation Expert Witnesses)

Litigators face numerous challenges in engaging and preparing valuation experts. This article discusses approaches to avoiding those minefields....more

Finding Legislation on Taxi Cabs, Cell Phone Driver Perseption, Las Vegas Lawyer

Las Vegas Taxi Cab Cell phone use law, Crashes. Driver inattention is the leading factor in most crashes and near-crashes, according to a landmark research report released today by the National Highway Traffic Safety...more

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