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Adobe PDF“Ban the Box”: A Discussion of State and Local Laws Restricting Inquiries into an Applicant’s Criminal History
Fred W. Alvarez, Eric S. Dreiband, Brian M. Jorgensen, Alison B. Marshall; Jones Day;
Legal Alert/Article
September 19, 2014, previously published on September 2014
Over the last several weeks New Jersey, Illinois, the District of Columbia, and San Francisco have joined the ranks of states and local governments across the country that have adopted so-called "ban the box" laws or ordinances. Generally, these rules prevent employers from asking about...

 

HTMLFDA, Industry Group Announce Initiatives to Revamp Safety Assessments of Food Ingredients and Other Products
Jonathan Berman, Matthew R. Bowles, Colleen Heisey, Mark Mansour, Emily K. Strunk; Jones Day;
Legal Alert/Article
September 8, 2014, previously published on September 2013
Last month, FDA and the Grocery Manufacturers Association ("GMA") separately announced new initiatives aimed at improving industry and governmental safety assessments of food and other regulated products—all at a time when the food additive market is experiencing significant growth.

 

HTMLThird Circuit Rejects Presumption of Irreparable Harm in Lanham Act Cases
Jessica D. Bradley, John G. Froemming, Candice M. Reder, Meredith M. Wilkes; Jones Day;
Legal Alert/Article
September 3, 2014, previously published on August 2014
In a precedential decision issued this week, Ferring Pharmaceuticals v. Watson Pharmaceuticals, the U.S. Court of Appeals for the Third Circuit joined the Ninth Circuit in rejecting the presumption of irreparable harm for plaintiffs seeking a preliminary injunction in Lanham Act false advertising...

 

Adobe PDFTen New Supreme Court Opinions Reshaping the Intellectual-Property Landscape
Gregory A. Castanias, Damon M. Lewis, John J. Normile, William C. Rooklidge, Jennifer L. Swize; Jones Day;
Legal Alert/Article
September 1, 2014, previously published on August 30, 2014
Thirty years ago, the U.S. Supreme Court heard between 150 and 175 cases each year, but rarely accepted an intellectual-property case for review. Much has been written about the Court’s shrinking docket in recent years—in its October Term 2013, which just came to an end, the Court heard...

 

HTMLUSDA Enhances Traceback Procedures for Ground Beef
Jonathan Berman, Colleen Heisey, Mark Mansour, Emily K. Strunk; Jones Day;
Legal Alert/Article
August 27, 2014, previously published on August 2014
On August 13, 2014, USDA's Food Safety and Inspection Service ("FSIS") announced new procedures to improve the process for tracing E. coli-contaminated ground beef back to its source, recalling contaminated product, and determining the root cause of the contamination. USDA expects that...

 

HTMLSplit Federal Circuit Decision Revives Antitrust Counterclaims in Patent Litigation
Michelle K. Fischer, Kevin D. McDonald, Geoffrey D. Oliver; Jones Day;
Legal Alert/Article
August 21, 2014, previously published on August 2014
The U.S. Court of Appeals for the Federal Circuit has remanded for further consideration antitrust claims accusing a patent holder of filing a sham infringement suit and a sham citizen petition with the Federal Drug Administration. The case is Tyco Healthcare Group LP v. Mutual Pharmaceutical Co....

 

HTMLTexas Supreme Court Applies Economic Loss Rule to Limit Tort Claims by Contractors Against Owner's Design Professionals
Scott W. Cowan, Christopher H. Domingo, Daniel D. McMillan, Andrew D. Ness, J. Laurens Wilkes; Jones Day;
Legal Alert/Article
August 21, 2014, previously published on August 2014
In a June 20 decision, the Texas Supreme Court applied the economic loss rule to preclude a direct claim for negligent misrepresentation by a construction contractor against an owner's architect based on flawed design documents. LAN/STV v. Martin K. Eby Constr. Co., No. 11-0810, 2014 Tex. LEXIS...

 

HTMLFDA Issues Draft Guidance on Determination of Reference Product Exclusivity for Biologics
Colleen Heisey, Mark Mansour, Christopher M. Mikson; Jones Day;
Legal Alert/Article
August 12, 2014, previously published on August 2014
On August 4, the U.S. Food & Drug Administration ("FDA") issued a draft guidance titled "Reference Product Exclusivity for Biological Products Filed Under Section 351(a) of the PHS Act." The draft guidance is intended to assist biological product sponsors and applicants in...

 

HTMLFDA Using Big Data Methods to Discover Drug Risks, Provide Access to Recall Information
Laurie A. Clarke, Colleen Heisey, Mark Mansour, Christopher M. Mikson, Emily K. Strunk; Jones Day;
Legal Alert/Article
August 5, 2014, previously published on July 2014
Through recently deployed initiatives, FDA is taking advantage of new data systems to gather and assess drug risk data and promote easier public access to adverse event and recall information. The two projects, Mini-Sentinel and open FDA, offer greater efficiencies than existing methods, such as...

 

HTMLLegislators and Groups Urge FDA to Require Sex-Specific Data, Labeling in New Action Plan
Laurie A. Clarke, Colleen Heisey, Mark Mansour, Christopher M. Mikson, Emily K. Strunk; Jones Day;
Legal Alert/Article
August 5, 2014, previously published on July 2014
Members of Congress and interest groups are pressuring FDA to promote sex-specific clinical research and product labeling, as the Agency develops an action plan to address deficiencies in the way industry collects, analyzes, and communicates demographic data.

 


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