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HTMLMulti-Step ADR: Drafting Sensible and Effective Dispute Resolution Provisions
Gilbert Alan Samberg; Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
Legal Alert/Article
February 3, 2017, previously published on December 19, 2016
In this article - “Drafting Sensible and Effective Multi-Step ADR Provisions” - we provide practical advice regarding factors to be accommodated in fashioning multi-step ADR provisions that are (1) useful and (2) likely to be enforced by the courts. Read the full article here.

 

Adobe PDFPros And Cons Of Hot-Tubbing In International Arbitration
Gilbert Alan Samberg; Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
Legal Alert/Article
January 30, 2017, previously published on December 1, 2016
“Hot-tubbing” of experts — a procedure for the joint presentation of expert testimony — is now regularly considered, although infrequently adopted, in international arbitrations. Frequently referred to as “concurrent evidence” or “witness...

 

Adobe PDFHealth Care Enforcement Review And 2017 Outlook: Part 1
Joanne S. Hawana, Bethany J. Hills, Benjamin M. Zegarelli; Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
Legal Alert/Article
January 30, 2017, previously published on January 13, 2017
Over the past year, clear trends have emerged in the U.S. Food and Drug Administration's enforcement activities. Enforcement arising alleged violations of the Federal Food, Drug and Cosmetic Act (FFDCA) can take many forms, including FDA advisory actions such as warning letters, adverse...

 

Adobe PDFOIG Report Offers Glimpse into CMS Progress Towards MACRA Implementation
Jordan T. Cohen; Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
Legal Alert/Article
January 30, 2017, previously published on December 28, 2016
Last week, the Office of Inspector General (OIG) of the U.S. Department of Health and Human Services released a report analyzing CMS’ readiness to implement major parts of the Medicare Access and CHIP Reauthorization Act of 2015 (MACRA). The report provides an inside look at the steps CMS is...

 

Adobe PDFDrafting A Sensible And Effective Multistep ADR Provision
Gilbert Alan Samberg; Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
Legal Alert/Article
January 30, 2017, previously published on December 12, 2016
When businessmen (or their legal counsel) give much consideration to the dispute resolution provisions of their commercial agreements, they sometimes seek to delay engagement in adjudicative processes in hopes of achieving cost savings. The implicit thinking is that the longer one keeps the parties...

 

Adobe PDFUnderstanding The CPSC's Big Win Against Spectrum Brands
Matthew AR Cohen, Matthew Richard Howsare, Charles A. Samuels; Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
Legal Alert/Article
January 30, 2017, previously published on December 19, 2016
It is not often that federal courts consider and interpret provisions of product safety laws administered by the U.S. Consumer Product Safety Commission (CPSC) such as the Consumer Product Safety Act (CPSA). Over recent weeks, not one, but three federal courts have issued opinions concerning...

 

HTMLPros and Cons of Hot Tubbing in International Arbitration
Gilbert Alan Samberg; Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
Legal Alert/Article
January 30, 2017, previously published on December 19, 2016
In this article - “Pros and Cons of Hot Tubbing in International Arbitration” - we describe the nature of “concurrent evidence” or “witness conferencing” of experts (i.e., hot tubbing) in international arbitration, and the pros and the cons of employing such a...

 

Adobe PDFThe Impact of Recent Decisions Regarding Patent Hold-Up on the Future of Standards-Setting Activities
Sandra J. Badin, Michael T. Renaud; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
January 30, 2017, previously published on November/December 2016
Earlier this year, Qualcomm and InterDigital, two major contributors to the development of wireless telecommunications standards, announced they would not be making licensing commitments under the new patent policy introduced by the Institute of Electrical and Electronics Engineers (IEEE). Among...

 

HTMLGrassley Continues To Press CMS on Medicaid Drug Rebate Classifications: What Will Be the Fallout?
Ellyn Leslie Sternfield, Rodney Whitlock; Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
Legal Alert/Article
January 27, 2017, previously published on January 12, 2017
Back in early October, we were all transfixed by the announced Mylan settlement with the U.S. Department of Justice (DOJ) over Mylan’s alleged underpayments of Medicaid Drug Rebates for the EpiPen. Although Mylan indicated that its $465 million settlement resolved all potential liability to...

 

HTMLFirst Circuit Strengthens “Traceability” Pleading Requirement for Section 11 Claims
Matthew D. Levitt; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
January 27, 2017, previously published on November 30, 2016
A recent First Circuit decision raises the pleading bar for plaintiffs asserting violations of Section 11 of the Securities Act. Only would-be plaintiffs who acquired a security that is the direct subject of a prospectus and registration statement are entitled to sue under Section 11. That right to...

 


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