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The Product Line Exception to Successor Liability Rules in the United States

In the United States, the general rule is that the purchaser of a business by way of an asset purchase is only responsible for those liabilities that it expressly or impliedly assumes from the seller. However, Canadian...more

GLOBAL: How to protect brand reputation and sales from the risks associated with a product recall

In the past decade or so, manufacturers in the developed world that would previously have created their entire product in their own country now outsource manufacture to other parts of the world. This has had significant...more

Global Food, Drugs, Medical Devices and Cosmetics Newsletter - 3rd Edition

Welcome - We are pleased to provide you with the Fall edition of the Global Food, Drugs, Medical Devices and Cosmetics newsletter. This newsletter provides updates on important issues and developments across these...more

Recent NJ Appellate Court Decision Indicative of Continuing Uncertainty Regarding Personal Jurisdiction Over Foreign Manufacturers...

The past few years have seen the United States Supreme Court issue a number of important decisions on the subject of personal jurisdiction. For example, the Court’s decisions in Daimler AG v. Bauman, 134 S. Ct. 746 (2014) and...more

China Amends Key Medical Device Regulations

The State Council of China passed amendments to the Regulations on Supervision and Administration of Medical Devices which came into effect on June 1, 2014. The amendments present significant regulatory changes that will...more

Eye on Insurance - A Look Back at 2013 and Forward to 2014

In This Update: Introduction; Financial Institutions; Directors & Officers; Cyber; Professional Indemnity; Liability; Products; Property; Latin America; Reinsurance; and Litigation, Costs & Procedure. Excerpt...more

Give Me Your Tired, Your Poor, Your Huddled Masses ... But Not Your Plaintiffs: Supreme Court Decision Limits General Personal...

It is no secret that U.S. courts are among the most favorable to plaintiffs, especially with regard to damages awards. For this reason, there has been a growing trend of foreign plaintiffs bringing law-suits in the U.S. even...more

Manufacturing Matters - Autumn 2013

In the CBI’s recent report on ‘Maximising the UK’s industrial opportunities’, the strong argument is that we, as the British manufacturing sector, need to be instrumental in shaping a long-term industrial strategy for growth...more

New EU Cosmetics Regulation already in effect – 9 things for manufacturers and importers to know

A new European Union cosmetics regulation, already in effect, more broadly defines what a cosmetic is and changes the EU’s approach to cosmetics safety, holding that a cosmetic product must be safe for human health....more

The Evolving Law of Personal Jurisdiction May Affect International Supply Chain Risk

In the last two months, the United States Supreme Court granted review in two cases involving the limits of federal court jurisdiction over foreign companies: DaimlerChrysler AG v. Bauman, No. 11-965 (cert. granted Apr. 22,...more

European Commission Plans to Change Consumer Product Safety Rules

The European Commission plans to introduce new rules to improve the safety regime applicable to non-food consumer products distributed in the EU. The Commission has put forward a new package of measures to provide more...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

Bernstein Shur Business and Commercial Litigation Newsletter #23

In This Issue: - The Second Circuit Court of Appeals holds that a U.S. employer may pursue trade secret claims against a former employee who allegedly misappropriated sensitive corporate information in Canada. - A...more

Product Liability Update -- October 2012

In This Issue: Massachusetts Federal Court Holds Japanese Escalator Accident Study Inadmissible for Lack of Authentication and Demonstrated Connection to Facts of Case, Defendant’s Introduction of New Shoe Design in...more

Chinese Contracting Best Practices

There are many risks involved in dealing with Chinese companies. We previously discussed The Importance Of China Due Diligence And Corporate Seals. And we asked the probing question: Is The Era Of Cheap Goods From China...more

English Law Reinsurance Contracts May Not Cover Asbestos or Other U.S. Liabilities

In the words of the Court of Appeal in Faraday Reinsurance Co Ltd v Howden North America Inc & Anor [2012] EWCA Civ 980 (20 July 2012), "it would be idle to pretend that the English courts and the American (including the...more

Australia Expands Warranty Protection for Consumers

Exporting to Australia just got a little trickier for consumer product and service providers. The Australian Consumer Law (the “Act”) was recently amended to expand the warranty protections afforded to consumers. These...more

Complying With Brazil's Consumer Protecting Code

Brazil, as the seventh largest economy in the world, and the fifth largest nation in terms of land mass, continues to present great market opportunities to foreign investors.  Product or service suppliers can enjoy great...more

Limitation of Liability in a Supply Contract

In order to ensure that the terms and conditions set forth in the Supply Agreement can be enforceable, the clauses related with exclusion of limitation of liabilities needs to be observed and revised in accordance with UCTA....more

Distance Selling - new EU Directive

The EU has issued new Rules on distance selling including internet trading that are designed to give more protection to consumers shopping online....more

Supreme Court Considers Foreign Manufacturer's Challenge on Jurisdiction

The United States Supreme Court is considering a fundamental issue for businesses whose products are sold in the United States: where can those businesses be sued? That is the central question in a product liability case that...more

Supreme Court Tightens Requirements for State Courts to Exercise Jurisdiction Over Foreign Corporations

Recently, the Supreme Court addressed the standards for state courts asserting jurisdiction over foreign corporations. In Goodyear Dunlop Tires Operations, S.A. v. Brown, No. 10-76 (June 26, 2011) and J. McIntyre Mach., Ltd....more

More Comments on Personal Jurisdiction

Our recent post on the Supreme Court's two "stream of commerce" personal jurisdiction decisions, produced an email to us from Arthur Fergenson, at Ansa Assuncao, LLP, who argued the J. McIntyre v. Nicastro case to the Supreme...more

Managing Supply-Chain Risks Post Goodyear, McIntyre

Originally published in Law360, New York (July 18, 2011). On June 27, 2011, the United States Supreme Court announced two decisions that clarify and limit the ability of plaintiffs, including corporate plaintiffs, to...more

Personal Jurisdiction 2.0

We gave you our quickie analysis of Goodyear Dunlop Tires Operations, S.A. v. Brown, ___ U.S. ___, 2011 WL 2518815 (U.S. June 27, 2011); and J. McIntyre Machinery, Ltd. v. Nicastro, ___ U.S. ___, 2011 WL 2518811 (U.S. June...more

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