The Legal Intelligencer | Commentary
By Carl W. Hittinger and Jeffry W. Duffy | July 27, 2018
For over 20 years, purportedly anticompetitive patent-litigation settlement agreements between rival branded and generic pharmaceutical manufacturers—so-called “reverse payment” or “pay for delay” settlements—have generated numerous private lawsuits and ranked as one of the Federal Trade Commission's top enforcement priorities, with private plaintiffs and the FTC alike claiming such agreements have cost consumers millions of dollars by keeping generic drugs off the market.
The Legal Intelligencer | Commentary
By Ryan Boland | July 27, 2018
On July 18, the Pennsylvania Superior Court addressed whether a plastic surgeon's promotional video for the reality TV show “Drastic Plastic,” which was filmed on the plaintiff's premises, was actionable.
The Legal Intelligencer | Commentary
By Todd D. Kantorczyk | July 27, 2018
The increase in U.S. pipeline construction resulting from natural gas production in unconventional places, including the Marcellus and Utica formations, has sparked additional interest in the Federal Energy Regulatory Commission's (FERC) process for issuing “certificates of public convenience and necessity” that are required under Section 7 of the Natural Gas Act before construction can begin.
The Legal Intelligencer | Commentary
By Patricia E. Farrell and Joel Pfeffer | July 26, 2018
Attorneys tasked with managing international mergers and acquisition (M&A) deals are faced with a myriad of challenges, involving company finances, management principles, foreign regulations and cultural differences.
The Legal Intelligencer | Commentary
By Scott A. Gould and Stephen Matzura | July 26, 2018
The most recent round of permits for small municipal separate storm sewer systems (MS4s) in Pennsylvania requires municipalities with MS4s to regulate stormwater in a manner that will impact development.
The Legal Intelligencer | Commentary
By Steve Hann | July 26, 2018
Most environmental law practitioners are familiar with the federal Clean Water Act's (CWA) National Pollutant Discharge Elimination System's (NPDES) permitting program and the types of discharges subject to the program.
The Legal Intelligencer | Commentary
By Abraham J. Gafni | July 26, 2018
Miscalculation of an award by an arbitrator represents one of the few grounds warranting modification. But what evidence and what procedures are required by a court when reviewing a contention of arbitrator miscalculation?
The Legal Intelligencer | Commentary
By Leonard Deutchman | July 26, 2018
In Carpenter v. United States, No. 16-402 (S.Ct. June 22, 2018), the U.S. Supreme Court held that the Fourth Amendment prohibited the government from using the Stored Communications Act, 18 U. S. C. Section 2703(d) (the SCA), to obtain from wireless cellphone carriers the “time-stamped record known as cell-site location information (CSLI),” which records (as explained below), created over time and saved, can, when looked at together, provide a picture of the public movements of the cellphone user.
The Legal Intelligencer | Commentary
By Marcie Borgal Shunk | July 26, 2018
There is a crisis brewing in law firms. In an era of volatility and transformation, law firms are now, more than ever, reliant on their culture, vision and operational approach to drive performance—all of which, at their core, rely on effective leadership.
The Legal Intelligencer | Commentary
By Edward T. Kang and Kandis Kovalsky | July 26, 2018
While arbitration clauses are often a topic of concern in the consumer context, they can also be a major issue in sophisticated party transactions as well—the agreements where the arbitration clause is the least of everyone's worries.
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