Litigation Article Archives

Off-label Drug and Device Promotion in the Wake of Amarin

February, 2017

Recent cases involving promotion to doctors have challenged off-label promotion enforcement actions based on due process and First Amendment grounds, as well as physicians’ need for scientific information. By Marisa A. Trasatti and Marie Claire Langlois

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The Internet of Things and its Impact of Data Retention, E-Discovery, Products Liability, and Cybersecurity

January, 2017

The exponential rise of the IoT implicates several important areas of law. Pertinent to this analysis are the areas of Data Retention, E-Discovery, Products Liability, and Cybersecurity. By Marisa A. Trasatti and Matthew S. Sarna

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The Top Ten “Do’s” of a Law Firm Social Media Policy

April, 2014

Although social media can serve as a useful marketing tool and investigation-gathering source, it is not used exclusively for business endeavors. For these reasons, every law firm should attempt to provide reasonable guidelines for online behavior to employees who participate in online networks. By Marisa A. Trasatti and Jhanelle A. Graham This article was published in…

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Defending Products Liability Suits Involving Off-Label Use: Does the Learned Intermediary Doctrine Apply?

February, 2011

Although the learned intermediary doctrine serves as a shield for manufacturers against consumer claims arising from allegations of failure to warn of a drug’s risks, physicians commonly engage in off-label use. It is impossible for manufacturers to warn physicians of every risk of any and all uses of a drug. But, court decisions that address…

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