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 | Name-Brand Drug Manufacturers May Have Duty to Warn Users of Generic Versions
Deborah A. Little; Buchanan Ingersoll & Rooney PC; Legal Alert/Article December 7, 2009, previously published on November 2009 Out of California, on an issue of first impression, an appellate court in January held a name-brand prescription drug manufacturer's duty to use due care when providing product warnings extends to patients whose prescriptions are filled with the generic version of the drug. See Conte v. Wyeth,... |
| Compliance with FDCA May Not Preclude State Law Product Liability Claims
Deborah A. Little; Buchanan Ingersoll & Rooney PC; Legal Alert/Article December 7, 2009, previously published on November 2009 Recent decisions by the United States Supreme Court and the United States Court of Appeals for the Third Circuit (which includes Pennsylvania) signal that pharmaceutical manufacturers may have a difficult time arguing that compliance with federal regulations, including the Food, Drug and Cosmetic... |
 | President Obama Expands the Military Leave Provisions of the FMLA
George Basara; Buchanan Ingersoll & Rooney PC; Legal Alert/Article December 3, 2009, previously published on November 13, 2009 On October 29, 2009, President Obama signed a Defense Department and Authorization Bill that expanded certain provisions of the FMLA. These changes are in addition to those that were made earlier this year when the FMLA was expanded to include leave relating to military service. |
| H-1B and L-1 Employers Should Prepare For Surprise Visit from USCIS
Frances P. Rayer, Christopher R. Thorn; Buchanan Ingersoll & Rooney PC; Legal Alert/Article December 3, 2009, previously published on November 2009 Employers with foreign national employees working under H-1B and L-1 nonimmigrant visas should be prepared to receive an unannounced visit in the coming months from the U.S. Citizenship and Immigration Services' (USCIS) Office of Fraud Detection and National Security and Records Verification... |
| New York DOL Issues Forms to Use When Notifying Employees of Rates of Pay
Bethany C. Salvatore; Buchanan Ingersoll & Rooney PC; Legal Alert/Article November 11, 2009, previously published on November 9, 2009 New York Labor Law Section 195 became effective on October 26, 2009...Pursuant to Section 195, New York employers must provide new employees with written notice of: (1) pay dates; (2) regular hourly pay rates; and (3) overtime rates of pay for all employees eligible to receive overtime... |
| Department of Environmental Protection Publishes Proposed Wastewater Management Regulations
Brian J. Clark, Michael T. Killion; Buchanan Ingersoll & Rooney PC; Legal Alert/Article November 11, 2009, previously published on November 10, 2009 On November 7, 2009, new proposed wastewater management regulations governing total dissolved solids (TDS) discharges were published in the Pennsylvania Bulletin by the Department of Environmental Protection (DEP or Department). The Department's proposed TDS strategy calls for adopting and... |
| Court Finds a Breach of Fiduciary Duty despite Clear Statement in SPD that Employer Could Amend Retiree Medical Plan
David J. Laurent; Buchanan Ingersoll & Rooney PC; Legal Alert/Article November 11, 2009, previously published on November 4, 2009 In re Unisys Corporation Retiree Medical Benefits ERISA Litigation, 579 F. 3d 220 (3d Cir. 2009), the fourth decision in the long running Unisys Corporation (Unisys) litigation, held that Unisys breached its fiduciary duty by not informing retirees that Unisys retained the right to change the terms... |
| Recent Successorship Decisions Complicate Matters for Employers
Brian D. Balonick, David J. Laurent; Buchanan Ingersoll & Rooney PC; Legal Alert/Article November 3, 2009, previously published on October 27, 2009 Two recent decisions highlight the risks employers face when hiring unionized employees as part of an acquisition or business transfer. In general, when a new employer continues a prior employer's operations and hires a majority of its employees from the prior employer's unionized workforce, the... |
| SEC Acts to Curb Naked Short Sales Buchanan Ingersoll & Rooney PC; Legal Alert/Article October 20, 2009, previously published on September 2009 The Securities and Exchange Commission (SEC) has recently taken several measures to curb "naked" short sales. Short selling involves any sale of a security that the seller does not own or any sale that is consummated by the delivery of a security that is borrowed by, or for the account... |
| Recent Ledbetter Act Developments: Employee's Unanswered Request for Raise and a Change in Pension Benefit Accrual Rate Rendered EEOC Charges Filed Years Later Timely Jaime S. Tuite, David J. Laurent; Buchanan Ingersoll & Rooney PC; Legal Alert/Article October 20, 2009, previously published on September 2009 The Lily Ledbetter Fair Pay Act recently caused two courts to reverse themselves and allow employees to proceed with discrimination claims that the courts previously dismissed as untimely. The Ledbetter Act permits employees to file claims based on an earlier compensation decision if the decision... |
