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HTMLCounsel to Counsel Magazine -- September/October 2009 Complete Issue

Counsel to Counsel Article
November 10, 2009
"The traditional model is, you have a matter and you either do it yourself or you hand it over," Mark Sifferlen, a senior in-house counsel at Cummins Inc., tells us in one of this issue's Profiles in Partnership. "That's just how a lot of law firms work."

 

HTMLMassachusetts Supreme Court Holds that Asymptomatic Plaintiffs May Sue for Medical Monitoring
Stephen J. Kane, Michael A. Olsen, Daniel L. Ring; Mayer Brown LLP;
Legal Alert/Article
November 9, 2009, previously published on November 4, 2009
In a recent opinion that bucks the national trend, the Massachusetts Supreme Judicial Court authorized plaintiffs who have no manifest physical injuries, but who assert "subcellular changes" caused by cigarette smoking, to sue for medical monitoring. , 914 N.E.2d 891 (Mass. 2009).

 

HTMLU.S. to Prohibit Drawback Claims for Excise Tax on Imports
Duane Morris LLP;
Legal Alert/Article
October 30, 2009, previously published on October 21, 2009
U.S. Customs and Border Protection (CBP) has proposed amendments to its regulations that would preclude the filing of a "substitution drawback claim for internal revenue excise taxes paid on imported merchandise in situations where no excise tax was paid upon the substituted merchandise or...

 

HTMLITC Denies Request for Reconsideration in Certain Cigarettes (337-TA-643)
Eric W. Schweibenz; Oblon, Spivak, McClelland, Maier & Neustadt, L.L.P.;
Legal Alert/Article
October 30, 2009, previously published on October 29, 2009
On October 28, 2009, the United States International Trade Commission issued an Order denying a petition for reconsideration filed by Respondent Alcesia SRL ("Alcesia") in Certain Cigarettes and Packaging Thereof (Inv. No. 337-TA-643).

 

HTMLNew Fire Safe Cigarette Certification - Deadlines in 2010
Paige S. Fitzgerald, Nancyellen Keane; Troutman Sanders LLP;
Legal Alert/Article
October 28, 2009, previously published on October 23, 2009
In 2003, New York passed legislation designed to enhance safety by requiring cigarettes sold in New York after June 2004 to be manufactured with papers that would make the cigarettes self-extinguishing. This initial piece of legislation on the subject of fire safe cigarettes, New York's fire safe...

 

Adobe PDFMassachusetts Recognizes a Claim for Medical Monitoring Absent Symptoms of Physical Harm
Kaye Scholer LLP;
Legal Alert/Article
October 28, 2009, previously published on October 22, 2009
In a recent decision of importance to the life sciences industry, the Massachusetts Supreme Judicial Court ruled that smokers who sued a cigarette manufacturer "for medical monitoring, based on subclinical effects of exposure to cigarette smoke and increased risk of lung cancer, state a...

 

HTMLITC Issues Public Version of Its Opinion in Certain Cigarettes (337-TA-643)
Eric W. Schweibenz, Lindsay Kile; Oblon, Spivak, McClelland, Maier & Neustadt, L.L.P.;
Legal Alert/Article
October 12, 2009, previously published on October 6, 2009
Further to our September 22 post, on October 1, 2009, the International Trade Commission issued a public version of its opinion in Certain Cigarettes and Packaging Thereof (Inv. No. 337-TA-643).

 

HTMLITC Issues Final Determination and General Exclusion Order in Certain Cigarettes (337-TA-643)
Eric W. Schweibenz, Lindsay Kile; Oblon, Spivak, McClelland, Maier & Neustadt, L.L.P.;
Legal Alert/Article
September 23, 2009, previously published on September 22, 2009
On September 21, 2009, the United States International Trade Commission issued a Notice of Commission Final Determination of Violation of Section 337 in Certain Cigarettes and Packaging Thereof (Inv. No. 337-TA-643). In the notice, the Commission affirmed the ALJ's Initial Determination...

 

HTMLFDA Tobacco Legislation - Opportunity to Provide Comments and Information on Implementation
Robert "Rob" E. Browne, Bryan M. Haynes, Ashley L. Taylor, Diane Romza-Kutz; Troutman Sanders LLP;
Legal Alert/Article
September 14, 2009, previously published on September 9, 2009
The Food and Drug Administration has established a public docket for interested parties, including tobacco product manufacturers and distributors, to provide information and comment on the implementation of the Family Smoking Prevention and Tobacco Control Act. Written comments are due by...

 

HTMLMarlboro Wins Gift Certificate Lawsuit
Manatt, Phelps & Phillips, LLP;
Legal Alert/Article
July 15, 2009, previously published on June 25, 2009
In a key win for the promotion industry, the U.S. Court of Appeals for the Ninth Circuit has ruled that California's gift certificate law does not cover on-pack proofs of purchase as part of a Marlboro Miles loyalty program by brand owner Philip Morris.

 


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